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Full-Text Articles in Law
Judge Kavanaugh, Chevron Deference, And The Supreme Court, Kent H. Barnett, Christina L. Boyd, Christopher J. Walker
Judge Kavanaugh, Chevron Deference, And The Supreme Court, Kent H. Barnett, Christina L. Boyd, Christopher J. Walker
Popular Media
How might a new U.S. Supreme Court Justice Brett Kavanaugh review federal agency statutory interpretations that come before him on the Court?
To find at least a preliminary answer, we can look to his judicial behavior while serving on the U.S. Court of Appeals for the D.C. Circuit—and there is plenty of relevant Kavanaugh judicial behavior to observe. Since starting his service on the D.C. Circuit in 2006, Judge Kavanaugh has participated in the disposition of around 2,700 cases and has authored more than 300 opinions. Over a third of those authored opinions involved administrative law.
Looking More Closely At The Platypus Of Formal Rulemaking, Kent H. Barnett
Looking More Closely At The Platypus Of Formal Rulemaking, Kent H. Barnett
Popular Media
Professor Kent Barnett argues that the oft-criticized formal rulemaking process has virtues in proper settings.
Due Process Vs. Administrative Law, Kent H. Barnett
Due Process Vs. Administrative Law, Kent H. Barnett
Popular Media
This article by Professor Kent Barnett was published in the Wall Street Journal on November 16, 2015. It discusses the Securities and Exchange Commission recently coming under fire for pressuring its in-house administrative-law judges to rule in its favor during agency enforcement proceedings.