Whether settlements bind depends on whether a statute is individually administered or self-applying

Evidence

Various federal and state compensation laws require some kind of official approval as a condition of an effectual release of a remedial … Is it important to distinguish in this context between individually administered and self-applying regulation? Should a court, in resolving doubts about congressional purpose, consider which scheme of regulation has been provided? How can a self-applying arrangement be expected to function if each case of asserted violation must be handled individually by officials? β€” Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 4619

Categorization

  • DEFINE: Distinguishes individually administered from self-applying regulation as frameworks for reading congressional purpose on settlements.
  • XREF: connects to: Lawyer involvement may substitute for judicial supervision in approving employee settlements β€” Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 4623; Institutional allocation of rule-making duty depends on the type of question at stake β€” Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 4174; Individualized regulation exists when officials must apply rules case by case β€” Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 743 (+1 more)

Broader Connections