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Chevron Inside The Regulatory State: An Empirical Assessment, Christopher J. Walker
Chevron Inside The Regulatory State: An Empirical Assessment, Christopher J. Walker
Christopher J. Walker
For three decades, scholars (as well as courts and litigants) have written thousands of articles (and opinions and briefs) concerning the impact of the Chevron deference regime on judicial review of agency statutory interpretation. Little attention, however, has been paid to how Chevron and its progeny have actually shaped statutory interpretation inside the regulatory state. As part of the Fordham Law Review symposium Chevron at 30: Looking Back and Looking Forward, this Essay presents the findings of the first comprehensive empirical investigation into the effect of Chevron and related doctrines on how federal agencies interpret statutes they administer.
The Essay …
How To Win The Deference Lottery, Christopher J. Walker
How To Win The Deference Lottery, Christopher J. Walker
Christopher J. Walker
In response to Jud Mathews, Deference Lotteries, 91 Texas Law Review 1349 (2013).
In Deference Lotteries, Jud Mathews proposes that the deference framework in administrative law be viewed through the game theory lens of a lottery. Such an approach helps us think critically about how varying standards of review may affect the behavior of agencies and courts engaged in the judicial review process. This Response suggests that the lottery lens can also help agencies think more strategically about how to develop and defend interpretations of statutes they administer. Assuming the validity of the lottery framework, the Response suggests a playbook …