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Selected Works

Chevron deference

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Full-Text Articles in Law

Reason-Giving, Rulemaking, And The Rule Of Law, Donald J. Kochan Dec 2018

Reason-Giving, Rulemaking, And The Rule Of Law, Donald J. Kochan

Donald J. Kochan

The requirement that agencies give reasons for their actions and in support of their interpretations in administrative law serves important Rule of Law values. It forces agencies to consider how and whether their actions can be justified and provides a means of accountability, allowing the public to judge the agency actions by the reasons offered. One of the areas where reason-giving is most debated is in the face of a new administration that seeks to alter, amend, or repeal a rule that has already gone through the strenuous notice and comment rulemaking process. Administrative law allows such changes so long …

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Presidential Administration In The Obama Era, Jud Mathews Jan 2017

Presidential Administration In The Obama Era, Jud Mathews

Jud Mathews

This essay, prepared for a conference on the Obama presidency and the Supreme Court held in Berlin in October 2016, surveys what presidential administration has looked like in the Obama era, and how the President’s leadership of the executive branch has been received in the Supreme Court. There is little that is really new in how President Obama has used the executive branch to pursue policy priorities; rather, his administration has deployed and developed techniques pioneered by previous presidents. Many of the techniques of presidential administration evade judicial review, although the Supreme Court has pushed back directly against President Obama’s …

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Is The Chief Justice A Tax Lawyer?, Stephanie Hoffer, Christopher J. Walker Oct 2015

Is The Chief Justice A Tax Lawyer?, Stephanie Hoffer, Christopher J. Walker

Christopher J. Walker

King v. Burwell is a crucial victory for the Obama Administration and for the future of the Affordable Care Act. It also has important implications for tax law and administration, as explored in the other terrific contributions to this Pepperdine Law Review Symposium. In this Essay, we turn to another tax-related feature of the Chief Justice’s opinion for the Court: It is hard to ignore the fingerprints of a tax lawyer throughout the opinion. This Essay focuses on two instances of a tax lawyer at work.

First, in the Chief’s approach to statutory interpretation one sees a tax lawyer as …

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No Two-Stepping In The Laboratories: State Deference Standards And Their Implications For Improving Chevron Doctrine, Michael Pappas Aug 2012

No Two-Stepping In The Laboratories: State Deference Standards And Their Implications For Improving Chevron Doctrine, Michael Pappas

Michael Pappas

This article examines the deference standards that the various states apply to agency statutory interpretation and analyzes the implications for the federal Chevron doctrine. First, the article surveys state standards for reviewing agencies' statutory interpretation, finding that none of the state standards exactly follows the federal Chevron test but that state standards fall into one of four categories ranging from "strong deference" to "de novo with deference discouraged." The article then examines four particular state standards in depth, discovering that states tend to use the same methods, tools, and processes for statutory interpretation despite the different announced degrees of deference. …

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