Introduction– p. 1 Legislation and Statutory Interpretation Purposivism and Textualism p. 2 – Legislative Process Old-school Purposivism (Riggs and Holy Trinity)– p. 4 New Textualism p. 5 – Mistake doctrine p. 6 – Legislative History Canons of Construction p. 8 – Design of Administrative Agencies p. 9 – Delegation Issues p. 10 – Legislative Veto p. 13 – Appointment and Removal p. 15 – Regulatory Actions within the Administrative State p. 20 – Overview Rulemaking and judicial oversight of procedural requirements p. 22 – Agency Adjudication p. 23 – of p. 24 “Some kind hearing” – Flexibility of Policymaking Forum p. 26 – Guidance doc issues - p. 27 Enforcement discretion and judicial review p. 28 – Judicial Review of Agency Decisional Outcomes (Rules and Orders) p. 31 – and statutory interpretation review Chevron Major Qs doctrine p. 34 – p. 36 Mead – p. 38 “fact review” – Substantial evidence review Rationality Review Arbitrary and Capricious Standard p. 40 – – Overton p. 41 State Farm – -p. 42 FCC v. Fox
Introduction– p. 1 Legislation and Statutory Interpretation Purposivism and Textualism – p. 2 Legislative Process Old-school Purposivism (Riggs and Holy Trinity)– p. 4 New Textualism – p. 5 Mistake doctrine – p. 6 Legislative History Canons of Construction – p. 8 Design of Administrative Agencies – p. 9 Delegation Issues – p. 10 Legislative Veto – p. 13 Appointment and Removal – p. 15 Regulatory Actions within the Administrative State – p. 20 Overview Rulemaking and judicial oversight of procedural requirements – p. 22 Agency Adjudication – p. 23 “Some kind of hearing” – p. 24 Flexibility of Policymaking Forum – p. 26 Guidance doc issues - p. 27 Enforcement discretion and judicial review – p. 28 Judicial Review of Agency Decisional Outcomes (Rules and Orders) – p. 31 Chevron and statutory interpretation review Major Qs doctrine – p. 34 Mead – p. 36 “fact review” – p. 38 Substantial evidence review Rationality Review – Arbitrary and Capricious Standard – p. 40 Overton State Farm – p. 41 FCC v. Fox -p. 42