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Judicial deference to agency interpretations ... The New York Public Personnel Law blog describes a New York Appellate Division case with a good review of when judicial deference to agency interpretations of statutes is appropriate and when it is not in "If the issue involves pure statutory reading and analysis,
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lawprofessors.typepad.com/adminlaw/judicial_deference/
lawprofessors.typepad.com/adminlaw/judicial_deference/
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v. Dudas seems to reconcile precedent and create a bright-line rule: that Chevron deference is proper for interpretative rules dealing with the proceedings of the PTO, but not for ... May 12, 2009 in Judicial Deference | Permalink ... Listed below are links to weblogs that reference Confusion on judicial deference...
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lawprofessors.typepad.com/adminlaw/2009/05/confusion-on...
lawprofessors.typepad.com/adminlaw/2009/05/confusion-on-judicial-deference.html
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"Why Deference? Judicial Deference to Government Actions in Times of Crisis" Paper presented at the annual meeting of the The Law and Society Association, Renaissance Hotel, Chicago, Illinois, May 27, 2004 <Not Available>.
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www.allacademic.com/meta/p117057_index.html
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1. Is judicial review a good idea? Should nine unelected judges be able to tell our elected representatives what they can and cannot do?; 2. Are courts more likely to block an enlightened consensus with their adherence to outdated principles or to protect the politically weak from oppressive majorities?;
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www.law.umkc.edu/faculty/projects/ftrials/conlaw/judici...
www.law.umkc.edu/faculty/projects/ftrials/conlaw/judicialrev.htm
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The country is bracing for a bruising battle over filling a Supreme Court vacancy, a battle in which conservatives will praise "judicial restraint" and "deference" to popularly elected branches of government and liberals will praise judicial activism in defense of individual rights. ... COMMENTS ARE CLOSED;
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www.washingtonpost.com/wp-dyn/content/article/2005/06/2...
www.washingtonpost.com/wp-dyn/content/article/2005/06/23/AR2005062301420.html
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Judicial Deference to the Military: How It Will Affect Court Cases Involving Gay Rights, and War on Terrorism Policies ... The reason for his poor chances is the longstanding tradition of judicial deference to the military. American courts nearly always defer to the judgment of the executive branch and the military...
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writ.findlaw.com/commentary/20030715_carter.html
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PDF version: Narrowing the prospect of obtaining leave to appeal an ERCB decision: The troublesome aspect of judicial deference ... This may or may not be the case, and I leave that discussion for another day. My focus here is on the use of judicial deference to decide leave applications.
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ablawg.ca/2009/06/10/narrowing-the-prospect-of-obtainin...
ablawg.ca/2009/06/10/narrowing-the-prospect-of-obtaining-leave-to-appeal-an-ercb-decision-the-troublesome-aspect-of-judicial-deference/
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judicial notebook; Judicial deference in times of crisis ... A three-member panel of the Fourth Circuit Court of Appeals ruled in favor of the military (Hamdi v. Rumsfeld, 316 F.3d 450 [2003]). While acknowledging that detentions of U.S. citizens are subject to judicial review, the court held that the military's...
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www.apa.org/monitor/apr04/jn.html
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Douglas Rush, "Through the Looking Glass: Judicial Deference to Academic Decision Makers, the Conflict in Higher Education between Fundamental Program Requirements and Reasonable Accommodations under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act." (September 29, 2005). bepress Legal Series.
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law.bepress.com/expresso/eps/809
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