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. Recently, the Chevron doctrine has come into questions not only by academics but by the Supreme Court and other judges. 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? Are administrative law judges (ALJs) constitutional?

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9 of 14: Who Can Properly Be Called a Judge? [No. 86]

Professor Gary Lawson defines the judicial power, according to the terms specified in the Constitution. However, there are a variety of people who look and act like judges - territorial judges, military judges, administrative agency judges. Profess ... Professor Gary Lawson defines the judicial power, according to the terms specified in the Constitution. However, there are a variety of people who look and act like judges - territorial judges, military judges, administrative agency judges. Professor Lawson proposes that there has never been an easy answer to the question “who can properly be called a judge?.”

Professor Gary Lawson is the Philip S. Beck Professor at Boston University School of 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.

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