Tag Archives: AdLaw Bridge Series

Kozel on Stare Decisis and Overturning Chevron and Auer Deference

by Christopher J. Walker — Saturday, Jan. 26, 2019@chris_j_walker

This week the Supreme Court set oral argument in Kisor v. Wilkie for March 27th. Kisor presents the question whether the Court should overturn Auer deference — the doctrine that commands courts to defer to an agency’s interpretation of its own regulation so long as it is not plainly inconsistent. Last year I published a short […]

Administrative Law SSRN Reading List, December 2018 Edition

by Christopher J. Walker — Friday, Jan. 25, 2019@chris_j_walker

This year has been a terrific one for new administrative law scholarship, and I’m looking forward to drafts of new papers being posted to SSRN in the coming weeks and months as the spring law review submission cycle begins. But here is the final 2018 edition — the December 2018 Edition — of the most-downloaded […]

Jotwell Administrative Law Section Year-End Review

by Christopher J. Walker — Tuesday, Dec. 18, 2018@chris_j_walker

As I first noted on the blog four years ago, the Administrative Law Section of Jotwell—The Journal of Things We Like (Lots)—is a terrific resource for administrative law practitioners and scholars. Jotwell’s Administrative Law Section publishes monthly a short review of a current piece of administrative law scholarship, usually authored by one of our terrific contributing editors who are all […]

Administrative Law SSRN Reading List, November 2018 Edition

by Christopher J. Walker — Monday, Dec. 17, 2018@chris_j_walker

Here is the November 2018 Edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law eJournal, which is edited by Bill Funk. This month has been quite busy, so I don’t have time for my customary annotations of each article. (FWIW, I commented on many of these […]

Walters on Testing Auer Skeptics’ Self-Delegation Hypothesis (AdLaw Bridge Series)

by Christopher J. Walker — Tuesday, Dec. 11, 2018@chris_j_walker

As I noted back in July, the Supreme Court appeared to have a decent vehicle to consider whether to overrule Auer (aka Seminole Rock) deference — the doctrine that commands courts to defer to a federal agency’s interpretation of its own regulation unless the agency’s interpretation is “plainly erroneous or inconsistent with the regulation.” Yesterday the Court granted that […]

Administrative Law SSRN Reading List, October 2018 Edition

by Christopher J. Walker — Thursday, Nov. 29, 2018@chris_j_walker

Here is the October 2018 Edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law eJournal, which is edited by Bill Funk. ‘Faithful Execution’ and Article II by Andrew Kent, Ethan J. Leib & Jed Handelsman Shugerman (Harvard Law Review forthcoming) [CJW Note: This is a fascinating deep […]

Administrative Law SSRN Reading List, September 2018 Edition

by Christopher J. Walker — Wednesday, Oct. 31, 2018@chris_j_walker

October has been a busy month, with the annual ABA Administrative Law Conference starting tomorrow.  So I’m just now posting the September 2018 Edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law eJournal, which is edited by Bill Funk. This is a terrific selection of new […]

Review of Peter J. Wallison’s Judicial Fortitude, by Alan B. Morrison

by Guest Blogger — Monday, Oct. 15, 2018

It should come as no surprise that conservatives like Peter J. Wallison, a friend and law school classmate, and now a senior fellow at the American Enterprise Institute, should want to rein in the administrative state. Nor is it remarkable that opponents of regulation, like Wallison, have focused their attention on overturning the Chevron doctrine, […]

ACS Issue Brief: Reforming “Regulatory Reform”

by Christopher J. Walker — Friday, Oct. 5, 2018@chris_j_walker

From the American Constitution Society website: Reforming “Regulatory Reform”: A Progressive Framework for Agency Rulemaking in the Public Interest DAN FARBER Sho Sato Professor of Law and Faculty Director, Center for Law, Energy, and the Environment, University of California Berkeley Law and LISA HEINZERLING Justice William J. Brennan, Jr. Professor of Law, Georgetown Law and PETER SHANE Jacob E. Davis […]

Replicating the Seminal Eskridge and Baer SCOTUS Chevron Deference Study

by Christopher J. Walker — Friday, Oct. 5, 2018@chris_j_walker

As regular readers of the blog know, I’m very interested in how Chevron deference plays out on the ground in the federal courts of appeals. Kent Barnett and I spent several years coding eleven years (2003-2013) of all published circuit-court opinions that mention Chevron or Skidmore deference. As for study design, we modeled out approach, […]