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Garrett, Elizabeth 1962-

Works: 2 works in 3 publications in 1 language and 3 library holdings
Roles: Author
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Publications about Elizabeth Garrett
Publications by Elizabeth Garrett
Most widely held works by Elizabeth Garrett
Regulating Chevron by Elizabeth Garrett( file )
2 editions published in 2006 in English and held by 0 libraries worldwide
"One of the most significant administrative law cases, Chevron v. Natural Resources Defense Council, is routinely referred to as "the counter-Marbury." According to the consensus view, Chevron deference is consistent with Marbury, as long as Congress has delegated to agencies the power to make policy by interpreting ambiguous statutory language or filling gaps in regulatory laws. Congressional delegation is not important just to reconcile modern administrative law with Marbury; it is also the reason provided by courts to justify strong deference to agency interpretations of law. In the first part of this article, I discuss the various ways courts have reached decisions about the delegation issue and provide a brief assessment of them ... In the second part of this article, I describe a mechanism that could provide Congress an opportunity to provide explicit instructions about law-interpreting authority. Low expectations for congressional performance in this area stem in part from a failure to think creatively about the kinds of legislative vehicles available to Congress and about internal rules that can structure its deliberation. In statutes that periodically re-authorize administrative agencies and large federal programs or that annually appropriate funds to agencies, Congress could determine on an agency-by-agency basis whether to delegate the power to make policy through statutory interpretation with respect to all statutes that the agency administers, or with respect to some subset of decisions. This proposal is designed to take seriously the feature of judicial review of regulatory statutes that contemplates the possibility of an active role for Congress."
Transparency in the budget process by Elizabeth Garrett( file )
1 edition published in 2006 in English and held by 0 libraries worldwide
"Budget procedures are often adopted or changed to improve "transparency" in budgeting. This phrase can refer to two different, although related, stages of the budget process. First, transparency may refer to the outputs of budgeting; here the ideal is that the tradeoffs inherent in a budget should be made clear, salient and understandable to policy makers and the public. Second, transparency may refer to the inputs of budgeting; here the ideal is to ensure that the decision-making process is itself conducted in public. This paper focuses on the second concept of budget transparency - the degree to which important budgeting decisions are made in public and in open deliberation and debate."
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