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Full-Text Articles in Administrative Law
Advancing Auer In An Era Of Retreat, Stephen M. Johnson
Advancing Auer In An Era Of Retreat, Stephen M. Johnson
William & Mary Environmental Law and Policy Review
No abstract provided.
Hierarchically Variable Deference To Agency Interpretations, Aaron-Andrew P. Bruhl
Hierarchically Variable Deference To Agency Interpretations, Aaron-Andrew P. Bruhl
Faculty Publications
When courts review agency action, they typically accord agency decisions a degree of deference. As many courts and commentators have recognized, the law in this area is complicated because it features numerous standards of review, including several distinct regimes for evaluating agencies’ legal interpretations. There is, however, at least one important respect in which uniformity rather than variety prevails: the applicable standards of review do not vary depending on which court is reviewing the agency. Whichever standard governs a particular case—Chevron, Skidmore, or something else—all courts in the judicial hierarchy are supposed to apply that same standard.
This Article proposes …
Law And Governance In The 21st Century Regulatory State, Jason M. Solomon
Law And Governance In The 21st Century Regulatory State, Jason M. Solomon
Faculty Publications
No abstract provided.