Filling in the Gaps: The Scope of Administrative Agencies' Power to Enact Regulations

50 Pages Posted: 9 Oct 2012

See all articles by JoAnne Sweeny

JoAnne Sweeny

University of Louisville Louis D. Brandeis School of Law

Date Written: 2005

Abstract

Agency regulation litigation presents a myriad of interesting and challenging cases for courts. The amount and type of deference to be afforded to the agency, the scope of the agency's power to regulate, and the boundaries within which an agency may "flesh out" a statute all present unique and situation-specific analyses for courts to navigate.

This article delves into the current state of agency law, including the interplay between Chevron deference and its limitations under Mead, across all jurisdictions. Once a summary of current law has been established, this article then applies these standards to an upcoming regulatory challenge against a set of proposed California Labor Code regulations that seek to define meal period requirements for all California employees. This article then concludes that the California agency has the power to enact the proposed regulations.

Keywords: Administrative Law, Meal Periods, Labor Law

Suggested Citation

Sweeny, JoAnne, Filling in the Gaps: The Scope of Administrative Agencies' Power to Enact Regulations (2005). Whittier Law Review, Vol. 27, p. 621, 2005. Available at SSRN: https://ssrn.com/abstract=2158834

JoAnne Sweeny (Contact Author)

University of Louisville Louis D. Brandeis School of Law ( email )

Wilson W. Wyatt Hall
Louisville, KY 40292
United States

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