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The Philip D. Reed Lecture Series: Judicial Records Forum, Panel Discussion
The Philip D. Reed Lecture Series: Judicial Records Forum, Panel Discussion
Fordham Law Review
This Panel Discussion of the Judicial Records Forum was held on June 4, 2014, at Fordham University School of Law. The Judicial Records Forum focuses on issues involving the creation and management of judicial records and access to judicial records in the digital age.
The transcript of the Panel Discussion has been lightly edited and represents the panelists’ individual views only, and in no way reflects those of their affiliated firms, organizations, law schools, or the judiciary.
Longstanding Agency Interpretations, Anita S. Krishnakumar
Longstanding Agency Interpretations, Anita S. Krishnakumar
Fordham Law Review
How much deference—or what kind—should courts give to longstanding agency interpretations of statutes? Surprisingly, courts and scholars lack a coherent answer to this question. Legal scholars long have assumed that longstanding agency statutory interpretations are treated with heightened deference on judicial review, and federal courts sometimes have made statements suggesting that this is the case. But in practice, federal court review of longstanding agency interpretations—at both the U.S. Supreme Court and courts of appeals—turns out to be surprisingly erratic. Reviewing courts sometimes note the longevity of an agency’s statutory interpretation as a plus factor in their deference analysis but at …