Deference Doctrines Matter

by Chris Walker — Friday, Aug. 26, 2016@chris_j_walker

Over at the Library of Law and Liberty, I had a post yesterday, entitled Do Judicial Deference Doctrines Actually Matter?, on Kent Barnett and my new article Chevron in the Circuit Courts, which is forthcoming in the Michigan Law Review. In that post, I briefly recap the current debate about whether to get rid of, or at least narrow, Chevron deference, and then I spend some time on the related findings from our study on whether deference doctrines actually matter.

Here’s a snippet:

My purpose in the present, brief post is to zero in on one finding regarding the effect of Chevron deference in the circuit courts: There is a difference of nearly 25 percentage points in agency-win rates when judges decide to apply the Chevron deference framework, as compared to when they do not. (That is to say, at least in the cases reviewed, where Chevron was referenced in the published opinion.)

Definitely check out my full post here. Our study has been kindly featured in the City Journal, the Federalist Society blog, and the National Law Journal. The current draft of the article is available for download on SSRN here. The article won’t be published until next year, so comments are particularly welcome.

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About Chris Walker

Christopher Walker is a law professor at The Ohio State University Moritz College of Law. Prior to joining the law faculty, Professor Walker clerked for Justice Anthony Kennedy of the U.S. Supreme Court and worked on the Civil Appellate Staff at the U.S. Department of Justice. His publications have appeared in the Michigan Law Review, Minnesota Law Review, Stanford Law Review, and University of Pennsylvania Law Review, among others. Outside the law school, he serves as one of forty Public Members of the Administrative Conference of the United States and on the Governing Council for the American Bar Association’s Section on Administrative Law and Regulatory Practice. He blogs regularly at the Yale Journal on Regulation.

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