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Administrative Law

2012

University of Pennsylvania Carey Law School

Administrative Procedure Act

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A Concrete Shoe For Brand X?, David J. Shakow Apr 2012

A Concrete Shoe For Brand X?, David J. Shakow

All Faculty Scholarship

The Supreme Court’s decision in Home Concrete raises new questions about the deference to be given to administrative pronouncements that conflict with prior judicial decisions. Unfortunately, the opinions of a divided Court leave practitioners to puzzle over the boundaries of its decision.