Public Regulation of Private Enforcement: The Case for Expanding the Role of Administrative Agencies

Article — Volume 91, Issue 1

91 Va. L. Rev. 93
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The Article argues that administrative agencies should have a much greater role in defining the scope of private rights of action than is contemplated by current law or most of the existing legal literature. The Article proposes an extension of Chevron doctrine to the question whether federal statutes authorize enforcement suits by private citizens: statutes which do not on their face clearly create or clearly preclude private rights of actions should be read as empowering the responsible administrative agency to make this determination. Accepting this proposal would significantly expand the influence of the executive branch over private enforcement policy, a development supported and defended in the Article. 

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  Volume 91 / Issue 1  

English Jurisprudence Between Austin and Hart

By Neil Duxbury
91 Va. L. Rev. 1

Public Regulation of Private Enforcement: The Case for Expanding the Role of Administrative Agencies

By Matthew Stephenson
91 Va. L. Rev. 93

Or, Even, What the Law Can Teach The Philosophy of Language: A Response to Green’s Dworkin’s Fallacy

By Andrew Halpin
91 Va. L. Rev. 175

Halpin on Dworkin’s Fallacy: A Surreply

By Michael Steven Green
91 Va. L. Rev. 187