WHY DEFERENCE?: IMPLIED DELEGATIONS, AGENCY EXPERTISE, AND THE MISPLACED LEGACY OF SKIDMORE

In two recent cases, the US Supreme Court has not merely reaffirmed, but substantially broadened, the implied delegation rationale for according agency work product deference. Krotoszynski explores the tension between the implied delegation theory set forth in "Chevron" and competing exper...

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Bibliographic Details
Published in:Administrative law review 2002-04, Vol.54 (2), p.735-756
Main Author: Krotoszynski, Ronald J.
Format: Article
Language:English
Subjects:
Administrative agencies
Administrative courts
Administrative law
ADMINISTRATIVE LAW DISCUSSION FORUM
Delegation of authority
Federal courts
Judicial process
Legacies
Regulatory legislation
Statutory interpretation
Statutory law
Supreme Court decisions
Work product doctrine
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Summary:In two recent cases, the US Supreme Court has not merely reaffirmed, but substantially broadened, the implied delegation rationale for according agency work product deference. Krotoszynski explores the tension between the implied delegation theory set forth in "Chevron" and competing expertise-based rationales for judicial deference to agency work product.
ISSN:0001-8368
2326-9154