Add to ORKGFrom one perspective, the Supreme Court’s decision to grant review in Kisor v. Wilkie is not surprising. Dating back at least to Justice Antonin Scalia’s 2011 concurrence in Talk America v. Michigan Bell Telephone Co., through Decker v. Northwest Environmental Defense Center in 2013 and Perez v. Mortgage Bankers Association in 2015, there’s been growing interest on the Supreme Court’s conservative wing in overturning Auer deference, or the doctrine that an agency’s interpretation of its own regulation is “controlling unless plainly erroneous or inconsistent with the regulation.” The campaign to overturn Auer v. Robbins then stalled, with the court denying review of several subsequent petitions raising the issue and failing to engage with Au...
Auer v. Robbins requires federal courts to defer to federal agency interpretations of ambiguous regu...
This Note examines how lower courts have applied Auer deference after the U.S. Supreme Court’s decis...
The most familiar doctrine in administrative law is Chevron deference: when Congress leaves an ambig...
From one perspective, the Supreme Court’s decision to grant review in Kisor v. Wilkie is not surpris...
Under the “Auer doctrine,” named for the 1997 decision Auer v. Robbins, courts accept an agency’s in...
In Kisor v. Wilkie, the U.S. Supreme Court narrowly retained a controversial form of deference to ag...
Auer deference, i.e. the extent to which courts defer to an agency’s interpretation of its own ambig...
Kisor v. Wilkie, a long-awaited decision from the U.S. Supreme Court’s 2018 Term, begs for compariso...
Courts have long deferred to an agency’s interpretation of an ambiguous rule or statute, in light of...
Under Kisor v. Wilkie, courts must defer to agencies’ interpretations of regulations when certain co...
The U.S. Supreme Court yesterday granted review in a highly-anticipated case that squarely presents ...
At the dawn of the modern administrative state, the Supreme Court held, in Bowles v. Seminole Rock &...
With its decision in Kisor v. Wilkie, the U.S. Supreme Court was expected to overturn Auer v. Robbin...
While there has been increased attention on the necessity of criminal justice reform in the United S...
A primary function of legal scholarship is to incubate ideas to inform the bench and bar. Yet sever...
Auer v. Robbins requires federal courts to defer to federal agency interpretations of ambiguous regu...
This Note examines how lower courts have applied Auer deference after the U.S. Supreme Court’s decis...
The most familiar doctrine in administrative law is Chevron deference: when Congress leaves an ambig...
From one perspective, the Supreme Court’s decision to grant review in Kisor v. Wilkie is not surpris...
Under the “Auer doctrine,” named for the 1997 decision Auer v. Robbins, courts accept an agency’s in...
In Kisor v. Wilkie, the U.S. Supreme Court narrowly retained a controversial form of deference to ag...
Auer deference, i.e. the extent to which courts defer to an agency’s interpretation of its own ambig...
Kisor v. Wilkie, a long-awaited decision from the U.S. Supreme Court’s 2018 Term, begs for compariso...
Courts have long deferred to an agency’s interpretation of an ambiguous rule or statute, in light of...
Under Kisor v. Wilkie, courts must defer to agencies’ interpretations of regulations when certain co...
The U.S. Supreme Court yesterday granted review in a highly-anticipated case that squarely presents ...
At the dawn of the modern administrative state, the Supreme Court held, in Bowles v. Seminole Rock &...
With its decision in Kisor v. Wilkie, the U.S. Supreme Court was expected to overturn Auer v. Robbin...
While there has been increased attention on the necessity of criminal justice reform in the United S...
A primary function of legal scholarship is to incubate ideas to inform the bench and bar. Yet sever...
Auer v. Robbins requires federal courts to defer to federal agency interpretations of ambiguous regu...
This Note examines how lower courts have applied Auer deference after the U.S. Supreme Court’s decis...
The most familiar doctrine in administrative law is Chevron deference: when Congress leaves an ambig...