INTRODUCTION: ADMINISTRATIVE LAWMAKING IN THE TWENTY-FIRST CENTURY

Pojanowski offers information on the Notre Dame Law Review's symposium "Administrative Lawmaking in the Twenty-First Century." Judicial deference to agency legal interpretations has long been a focus of administrative law and scholarship, but discussion of this topic has intensified i...

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Bibliographic Details
Published in:The Notre Dame law review 2018-01, Vol.93 (4), p.1415
Main Author: Pojanowski, Jeffrey A
Format: Article
Language:English
Subjects:
21st century
Administrative law
Legal studies
Policy making
Online Access:Get full text
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Summary:Pojanowski offers information on the Notre Dame Law Review's symposium "Administrative Lawmaking in the Twenty-First Century." Judicial deference to agency legal interpretations has long been a focus of administrative law and scholarship, but discussion of this topic has intensified in recent years. In the symposium, Mila Sohoni addresses the question of whether courts should withhold deference from "major questions" of statutory interpretation. This doctrine had a supporting role in the blockbuster Affordable Care Act decision King v. Burwell, raising questions about whether the decision portended future narrowing of Chevron deference. Professor Sohoni contends that the best reading of King limits the decision to its particular context, namely where the interpretation of an unclear statute authorizes substantial, widespread spending by the federal government.
ISSN:0745-3515