Administrative Law and the Courts

Administrative Law and the Courts

When and how do Courts defer to an agency’s interpretation of its own statute?  A 1984 landmark case, Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., established what is known as Chevron doctrine, which says that a court must defer to an agency’s reasonable interpretation of its own statute.

This standard has been used ever since by courts in administrative law cases. In recent years, however, Chevron deference has become more controversial, with some academics and judges raising Article I and Article III constitutional concerns about the doctrine.

This unit explores these questions, and others, including: What additional forms of deference do judges use (Auer, Skidmore, etc)? What does the Administrative Procedure Act say about whether courts should defer to agencies? What is the relationship between administrative agencies and Article III judges?  

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1 of 10: What is an Administrative Law Judge (ALJ)? [No. 86]

What does an administrative law judge or ALJ do? Professor Jennifer Mascott gives an overview of the role of the ALJ in formal adjudicatory processes within administrative agencies, discussing the kinds of questions they evaluate. Jennifer Mascott ... What does an administrative law judge or ALJ do? Professor Jennifer Mascott gives an overview of the role of the ALJ in formal adjudicatory processes within administrative agencies, discussing the kinds of questions they evaluate.

Jennifer Mascott is an Assistant Professor of Law at the Antonin Scalia Law School. Professor Mascott writes in the areas of administrative and constitutional law.

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

These videos were filmed when Jennifer Mascott was a professor at George Mason University's Antonin Scalia Law School. Her views are entirely her own.

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