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 β¦ 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 inβ¦, 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 inβ¦, 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 inβ¦, 743 (+1 more)
Broader Connections
- Individualized regulation exists when officials must apply rules case by case
#expands(0.85) β Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 743 - Institutional allocation of rule-making duty depends on the type of question at stake
#expands(0.75) β Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 4174 - Legal systems differ on whether they externalize coercion or presume internal moral restraint
#corroborates(0.70) β Wael Hallaq, Restating Orientalism, 513