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Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984) is a landmark case that has changed the face of modern administrative law. This panel will address the rightness and limitations of Chevron deference, especially in the context of agency decisions on the scope of the agencies’ jurisdictional mandates. Should the federal courts defer or should they not defer in this context? Justices Scalia and Thomas recently differed on this issue from Chief Justice Roberts and Justices Kennedy and Alito. Who is right on this issue and why? Does the answer depend, in any measure, on the growth of the administrative state? Are there larger issues of jurisprudential philosophy at stake?
The Federalist Society's Practice Groups presented this showcase panel on "Formalism and Deference in Administrative Law" on Saturday, November 16, during the 2013 National Lawyers Convention.
Showcase Panel III: Formalism and Deference in Administrative Law
9:00 a.m. – 10:30 a.m.
- Prof. Philip A. Hamburger, Maurice and Hilda Friedman Professor of Law, Columbia University School of Law
- Prof. Kristin Hickman, University of Minnesota Law School
- Prof. Thomas W. Merrill, Charles Evans Hughes Professor of Law, Columbia Law School
- Prof. Jide O. Nzelibe, Northwestern University School of Law
- Moderator: Hon. Jennifer W. Elrod, United States Court of Appeals, Fifth Circuit
- Introduction: Mr. Dean A. Reuter, Vice President & Director of Practice Groups, The Federalist Society