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Making Law Out Of Nothing At All: The Origins Of The Chevron Doctrine, Gary Lawson, Stephen Kam
Making Law Out Of Nothing At All: The Origins Of The Chevron Doctrine, Gary Lawson, Stephen Kam
Gary Lawson
Chevron, U.S.A., Inc. v. NRDC has become the most cited case in administrative law - and one of the most cited cases in any field -- by virtue of its now famous "two-step" approach to judicial review of agency legal determinations. It is becoming conventional wisdom, and correctly so, that the Chevron doctrine owes relatively little to the Chevron decision. Yet cases and scholars continue to justify operational features of the Chevron doctrine by reference to the Chevron decision. In an effort to uproot this unproductive enterprise, we trace in detail, we believe for the first time, the precise process …