Abstract

http://ssrn.com/abstract=1873725
 
 

Footnotes (313)



 


 



Why Agency Interpretations of Ambiguous Statutes Should be Subject to Stare Decisis


Harold (Hank) Greenberg


affiliation not provided to SSRN

April 27, 2011

Tennessee Law Review, Vol. 79, No. 2, 2012

Abstract:     
Agencies’ interpretations of ambiguous statutes under Chevron are not subject to a rule of stare decisis. Agencies may interpret and later reinterpret ambiguous statutes without settling the statute’s meaning. This article shows that this regime permits agencies to “interpret” law in legally unprincipled and inconsistent ways and prevents administrative statutes from meaningfully constraining agency policymaking. This article concludes that a rule of stare decisis should govern agencies’ interpretations of ambiguous statutes just as it governs judicial holdings. Taking seriously Chevron’s recognition of agencies’ power to interpret law, the conventional justifications for stare decisis – separation of powers, legislative supremacy, and the consistency of regulatory schemes – apply with equal force to agencies as to courts.

Number of Pages in PDF File: 63

Accepted Paper Series


Download This Paper

Date posted: June 29, 2011 ; Last revised: January 30, 2012

Suggested Citation

Greenberg, Harold (Hank), Why Agency Interpretations of Ambiguous Statutes Should be Subject to Stare Decisis (April 27, 2011). Tennessee Law Review, Vol. 79, No. 2, 2012. Available at SSRN: http://ssrn.com/abstract=1873725

Contact Information

Harold (Hank) Greenberg (Contact Author)
affiliation not provided to SSRN ( email )
Feedback to SSRN


Paper statistics
Abstract Views: 869
Downloads: 101
Download Rank: 154,268
Footnotes:  313

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.360 seconds