{"title":"Thomas W. Merrill","description":"\u003cp\u003eThomas W. Merrill’s works offer insightful explorations into legal principles and doctrines, blending rigorous analysis with accessible clarity. Readers interested in the nuances of administrative and constitutional law will find his writing both authoritative and engaging.\u003c\/p\u003e\n\n\u003cp\u003eWith a focus on complex legal topics such as the Chevron Doctrine, Merrill’s books serve as valuable references for scholars, students, and anyone seeking a deeper understanding of legal frameworks and their practical implications.\u003c\/p\u003e","products":[{"product_id":"the-chevron-doctrine-by-thomas-w-merrill-9780674260450","title":"The Chevron Doctrine","description":"\u003cdiv class=\"book-description\"\u003e\n\u003cp\u003e\u003cstrong\u003eA leading expert on the administrative state describes the past, present, and future of the immensely consequential—and equally controversial—legal doctrine that has come to define how Congress's laws are applied by the executive branch.\u003c\/strong\u003e\u003c\/p\u003e\n\n\u003cp\u003eThe Constitution makes Congress the principal federal lawmaker. But for a variety of reasons, including partisan gridlock, Congress increasingly fails to keep up with the challenges facing our society. Power has inevitably shifted to the executive branch agencies that interpret laws already on the books and to the courts that review the agencies' interpretations.\u003c\/p\u003e\n\n\u003cp\u003eSince the Supreme Court's 1984 decision in \u003cem\u003eChevron v. Natural Resources Defense Council\u003c\/em\u003e, this judicial review has been highly deferential: courts must uphold agency interpretations of unclear laws as long as these interpretations are \"reasonable.\" But the \u003cem\u003eChevron\u003c\/em\u003e doctrine faces backlash from constitutional scholars and, now, from Supreme Court justices who insist that courts, not administrative agencies, have the authority to say what the law is. Critics of the administrative state also charge that \u003cem\u003eChevron\u003c\/em\u003e deference enables unaccountable bureaucratic power.\u003c\/p\u003e\n\n\u003cp\u003eThomas Merrill reviews the history and immense consequences of the \u003cem\u003eChevron\u003c\/em\u003e doctrine and suggests a way forward. Recognising that Congress cannot help relying on agencies to carry out laws, Merrill rejects the notion of discarding the administrative state. Instead, he focuses on what should be the proper relationship between agencies and courts in interpreting laws, given the strengths and weaknesses of these institutions. Courts are better at enforcing the rule of law and constitutional values; agencies have more policy expertise and receive more public input. And, unlike courts, agencies are subject to at least some political discipline.\u003c\/p\u003e\n\n\u003cp\u003eThe best solution, Merrill suggests, is not of the either-or variety. Neither executive agencies nor courts alone should pick up the slack of our increasingly ineffectual legislature.\u003c\/p\u003e\n\u003c\/div\u003e","brand":"Unknown","offers":[{"title":"Default Title","offer_id":47455754682604,"sku":"9780674260450","price":73.99,"currency_code":"NZD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0705\/7784\/8556\/files\/61wosd5is9L._SL1500.jpg?v=1774796628"},{"product_id":"the-chevron-doctrine-by-thomas-w-merrill-9780674297340","title":"The Chevron Doctrine","description":"\u003cdiv class=\"book-description\"\u003e\n\u003cp\u003e\u003cstrong\u003eWise and illuminating… Merrill's treatment of the rise of \u003cem\u003eChevron\u003c\/em\u003e, and its various twists and turns over the decades, is keenly insightful. -Cass R. Sunstein, \u003cem\u003eNew York Review of Books\u003c\/em\u003e\u003c\/strong\u003e\u003c\/p\u003e\n\n\u003cp\u003e\u003cstrong\u003eMerrill is one of the brightest and best scholars of administrative law in his generation. This book...is must-reading for any citizen who has an interest in the constitutionality of the administrative state. -Steven G. Calabresi, Northwestern University Pritzker School of Law\u003c\/strong\u003e\u003c\/p\u003e\n\n\u003cp\u003e\u003cstrong\u003eA model of how to conduct rigorous, level-headed, and fair-minded analysis of a subject that has generated enormous legal controversy. There is no more judicious mind among American legal scholars than Thomas Merrill's. -Nicholas Parrillo, Yale Law School\u003c\/strong\u003e\u003c\/p\u003e\n\n\u003cp\u003e\u003cstrong\u003eA must-read for practicing or prospective administrative lawyers. They, as well as a broader audience, will find much good sense in the author's judicious treatment of perennial questions of lawful government. -Michael S. Greve, \u003cem\u003eClaremont Review of Books\u003c\/em\u003e\u003c\/strong\u003e\u003c\/p\u003e\n\n\u003cp\u003e\u003cstrong\u003eThe Constitution makes Congress the principal federal lawmaker. But for a variety of reasons, including partisan gridlock, Congress increasingly fails to keep up with the challenges facing our society. Power has shifted to the executive branch agencies that interpret laws and to the courts that review their interpretations.\u003c\/strong\u003e\u003c\/p\u003e\n\n\u003cp\u003e\u003cstrong\u003eSince the Supreme Court's 1984 decision in \u003cem\u003eChevron v. Natural Resources Defense Council\u003c\/em\u003e, this judicial review has been highly deferential: courts must uphold agency interpretations of unclear laws so long as these are \"reasonable.\" But the \u003cem\u003eChevron\u003c\/em\u003e doctrine faces backlash from constitutional scholars and, now, from Supreme Court justices who insist that courts, not administrative agencies, have the authority to say what the law is. Critics of the administrative state charge that \u003cem\u003eChevron\u003c\/em\u003e deference enables unaccountable bureaucratic power. In this groundbreaking book, Thomas Merrill reviews the history and consequences of the \u003cem\u003eChevron\u003c\/em\u003e doctrine and suggests a way forward.\u003c\/strong\u003e\u003c\/p\u003e\n\u003c\/div\u003e","brand":"Unknown","offers":[{"title":"Default Title","offer_id":47471735242988,"sku":"9780674297340","price":49.99,"currency_code":"NZD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0705\/7784\/8556\/files\/b7830c8320ae8dd42b542af1482f3fee.jpg?v=1775791941"}],"url":"https:\/\/bookhero.co.nz\/collections\/thomas-w-merrill.oembed","provider":"Book Hero","version":"1.0","type":"link"}