Abstract

http://ssrn.com/abstract=1478336
 
 

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Strategic Statutory Interpretation by Administrative Agencies


Yehonatan Givati


Hebrew University of Jerusalem - Faculty of Law

September 25, 2009

American Law and Economics Review, Forthcoming

Abstract:     
Many statutes are administered by administrative agencies. This paper shows that, when interpreting an ambiguous statute, administrative agencies choose between two strategies of statutory interpretation: the risky strategy - a relatively aggressive interpretation that provokes an appeal by the firm - and the safe strategy - a relatively non-aggressive interpretation that the firm complies with. The paper also shows that a change in the level of judicial deference may result in a shift from the risky strategy to the safe one, or vice versa. Therefore, contrary to the commonly held view, an increase in the level of judicial deference may result in agencies choosing a less aggressive statutory interpretation, and in more court decisions reversing agencies' statutory interpretation.

Number of Pages in PDF File: 20

Keywords: Administrative Agencies, Statutory Interpretation, Law Enforcement

JEL Classification: D02, D73, D78, K23

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Date posted: July 19, 2011  

Suggested Citation

Givati, Yehonatan, Strategic Statutory Interpretation by Administrative Agencies (September 25, 2009). American Law and Economics Review, Forthcoming. Available at SSRN: http://ssrn.com/abstract=1478336

Contact Information

Yehonatan Givati (Contact Author)
Hebrew University of Jerusalem - Faculty of Law ( email )
Jerusalem
Mount Scopus, 91905
Israel
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