Search Results - "Merrill, Thomas W."

ARTICLE III, AGENCY ADJUDICATION, AND THE ORIGINS OF THE APPELLATE REVIEW MODEL OF ADMINISTRATIVE LAW by Merrill, Thomas W.

“…American administrative law is grounded in a conception of the relationship between reviewing courts and agencies modeled on the relationship between appeals…”
Get full text

Re-reading 'Chevron' by Merrill, Thomas W

“…Though increasingly disfavored by the Supreme Court, 'Chevron' remains central to administrative law doctrine. This Article suggests a way for the Court to…”
Get full text

Legitimate interpretation-or legitimate adjudication? by Merrill, Thomas W

“…Current debate about the legitimacy of lawmaking by courts focuses on what constitutes legitimate interpretation. The debate has reached an impasse in that…”
Get full text

PRESIDENTIAL ADMINISTRATION AND THE TRADITIONS OF ADMINISTRATIVE LAW by Merrill, Thomas W.

“…American administrative law has long been characterized by two distinct traditions: the positivist and the process traditions. The positivist tradition…”
Get full text

ANTICIPATORY REMEDIES FOR TAKINGS by Merrill, Thomas W.

“…The Supreme Court has rendered two lines of decisions about the remedies available for a violation of the Takings Clause. One line holds that courts have no…”
Get full text

THE PROPERTY STRATEGY by Merrill, Thomas W.

“…My objective in this Article is to offer a description of property as an institution for organizing the use of resources in society. There are several…”
Get full text

DODD–FRANK ORDERLY LIQUIDATION AUTHORITY: TOO BIG FOR THE CONSTITUTION? by Merrill, Thomas W., Merrill, Margaret L.

“…Title II of the Dodd–Frank Wall Street Reform and Consumer Protection Act of 2010 establishes a new specialized insolvency regime, known as orderly…”
Get full text

CHEVRON'S GHOST RIDES AGAIN by Merrill, Thomas W

“…INTRODUCTION Professor Gary Lawson has offered a remarkable account of the fate of the Chevron doctrine during a recent year in the Supreme Court, from August…”
Get full text

THE COMPENSATION CONSTRAINT AND THE SCOPE OF THE TAKINGS CLAUSE by Merrill, Thomas W

“…Specifically, is it possible to "reverse engineer" the Takings Clause by reasoning from settled understandings about how to determine just compensation in…”
Get full text

The Economics of Leasing by Merrill, Thomas W

“…Abstract Leasing may be the most important legal institution that has received virtually no systematic scholarly attention. Real property leasing is familiar…”
Get full text

Introduction: Symposium on the Work of Ruth Grant by Merrill, Thomas W.

Get full text

Interpreting an Unamendable Text by Merrill, Thomas W

“…Many of the most important legal texts in the United States are highly unamendable. This applies not only to the Constitution, which has not been amended in…”
Get full text

Introduction: The Demsetz Thesis and the Evolution of Property Rights by Merrill, Thomas W.

Get full text

Property and Sovereignty, Information and Audience by Merrill, Thomas W.

“…Morris Cohen’s classic essay, Property and Sovereignty, correctly discerned that political sovereignty and private property are alternative forms of…”
Get full text

PREEMPTION AND INSTITUTIONAL CHOICE by Merrill, Thomas W

Get full text

The Story of "Chevron": The Making of an Accidental Landmark by Merrill, Thomas W.

“…Chevron U.S.A. Inc. v. NRDC is one of the most famous cases in administrative law, but it was not regarded that way when it was decided. To the justices who…”
Get full text

Rethinking Article I, Section 1: From Nondelegation to Exclusive Delegation by Merrill, Thomas W.

“…The first substantive clause of the Constitution-providing that "[a]ll legislative Powers herein granted shall be vested in a Congress"-is associated with two…”
Get full text

Investigating Morality with David Hume by Merrill, Thomas W.

“…Scholars are divided over the character of Hume's moral theory: Is he a value-free social scientist or a moral sentiment theorist? This essay examines Book III…”
Get full text

A COMMENT ON METZGER AND ZARING: THE QUICKSILVER PROBLEM by Merrill, Thomas W.

“…Financial regulation is concerned with the ultimate in slippery stuff; financial instruments are like quicksilver that can wiggle out of your grasp at a…”
Get full text

JUSTICE STEVENS AND THE CHEVRON PUZZLE by Merrill, Thomas W

“…Justice Stevens's most famous decision-Chevron U.S.A. Inc. v. NRDC-has come to stand for an institutional choice approach to agency interpretation. But there…”
Get full text