Tag Archives: Seminole Rock

Reflections on Seminole Rock: The Complete Symposium

by Aaron Nielson — Tuesday, Oct. 4, 2016@Aaron_L_Nielson

Last month, Notice & Comment hosted a two-week symposium on Seminole Rock (or Auer) deference. The complete symposium is now available on SSRN. Here is the link. And here is the Table of Contents: Introduction by Aaron Nielson The Lost History of Seminole Rock by Sanne H. Knudsen & Amy J. Wildermuth Henry Hart’s Brief, […]

(Upcoming Symposium) Reflections on Seminole Rock: The Past, Present, and Future of Deference to Regulatory Interpretations

by Aaron Nielson — Thursday, Sept. 1, 2016@Aaron_L_Nielson

Everyone who has been following administrative law in recent years knows that Seminole Rock deference is controversial. Because of Seminole Rock deference (also known as Auer deference), courts—generally—defer to an agency’s interpretation of its own ambiguous regulations. (Put another way, “Auer deference is Chevron deference applied to regulations rather than statutes.”) This sort of deference […]

Beyond Seminole Rock — Or Why What We Think We Know About Administrative Deference May Be Wrong

by Aaron Nielson — Thursday, Aug. 11, 2016@Aaron_L_Nielson

Law students go to law school for all sorts of reasons. Some dream of practicing criminal law because they watch a lot of television. Others want to be politicians and see law school as a launching pad. Many want to work for nonprofits because they care deeply about particular issues. Others want to follow in […]

D.C. Circuit Review – Reviewed: “Never, Never—NEVER—Wake a Sleeping Tiger”

by Aaron Nielson — Saturday, Apr. 16, 2016@Aaron_L_Nielson

I love a good headline. And boy, did I stumble across a great one today: “Never, Never—NEVER—Wake A Sleeping Tiger.” (The subheading is pretty great too: “Don’t even think about it.”) And sure enough, if you click through, you will see a video of one tiger waking another tiger, and then you’ll learn why you […]

Deference’s Discontents

by Jeff Pojanowski — Tuesday, June 30, 2015

I’d like to chip in with some quick thoughts on recent, skeptical rumblings in the Court about deference to administrative agencies. What interests me most here is not the arguments separate Justices are making against deference—they are not new to administrative law thinking, though their return to judicial discussion is more novel. Rather, I’m wondering […]