Kenneth A. Bamberger

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Normative Canons in the Review of Administrative Policymaking

118 Yale L.J. 64 (2008). Who should ensure that statutes are interpreted to reflect background norms left unaddressed by Congress—norms like respect for the rights of regulated parties, protection of the interests of states and Native American tribes, avoidance of government bias, and the separation of powers? On the one hand, courts have traditionally sought to protect these constitutionally inspired...