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Administrative Law - 2006

Exam Blog

5 Dec 2006

> How should the courts treat the agency's interpretation of what a statute means?  What are the three tests and what do they mean?

 
> I know of the 2 or 3 steps of Chevron, i.e has Congress spoken on the issue and is its intent clear; if not is the agency's interpretation reasonable or permissible.

> Are there 2 other tests that we should know for statutory construction? I could not find it in my notes.

Forget about the three tests - we used a different formulation. See slides 226 et seq. in the master slide set.

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> Just a quick question on exam format. In the years before last, your sample answers are limited to one sentence, or even one word.  Is it advisable to follow that answer format for this year as well?

I have the advantage when answering questions in that I know what the answer is so I can be very brief. If you are confident you know the answer, you can be very brief as well. My caution is not with brevity but with clarity. You should probably use a few extra words to make sure I understand your answer.

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