Constitutional structure and judicial deference to agency interpretations of agency rules

Article Abstract:

The US Supreme Court's 1945 decision in Bowles v. Seminole Rock & Sand Co., which established binding deference as the standard for judicial review of administrative interpretation of administrative regulations, should be overturned as contrary to the separation of powers doctrine. Judicial review of administrative interpretations of laws, as defined by Chevron U.S.A. v. Natural Resources Defense Council, has received greater scrutiny, but vesting both regulation-making and regulation-interpreting power in one body is the greater threat. An alternative standard should assess how thoroughly the agency considered the regulation in question before giving deference.

Interpretation and construction, Administrative law, Administrative discretion

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Informational standing under the NEPA: justiciability and the environmental decisionmaking process

Article Abstract:

Environmental watchdog groups can use informational standing to get into federal courts and challenge administrative failures to comply with the National Environmental Policy Act. Strict standing requirements prevent most environmental groups from challenging federal agencies' decisions regarding the adverse environmental effects of federal development projects and their refusal to consider alternative project locations. By defining injuries based on the denial of information caused by restricted court access, informational standing is consistent with environmental groups' role of public education an d advocacy.

Public participation, Administrative procedure, Standing (Law), Environmental impact statements

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Social norms and judicial decisionmaking: examining the role of narratives in same-sex adoption cases

Article Abstract:

Lesbian and gay same-sex couples seeking to adopt children are often stymied by judicial decision making that is strongly influenced by stereotypical social narratives. These pejorative narratives view gays and lesbians as unfit to be adoptive parents either because they are exclusively sexual beings or because they cannot form a traditional family. Gays and lesbians can counter these stereotypes, and increase their success in adoption proceedings, by advancing positive social narratives of their own.

United States, Social aspects, Judicial process, Adoptive parents, Narration (Rhetoric), Narration, Gay couples

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