Loud and Soft Questions

Judicial Deference:

Navigate through this content:

• Syllabus/Course Contents
• Video: Introduction to Judicial Deference
• Reading 1: Cynthia R. Farina, "Statutory Interpretation and the Balance of Power in the Administrative State"
  • Link to the Reading
  • Video: About the reading (~5 min)
  • Reflect on "go deeper" questions for self-study
• Reading 2: Jonathan R. Siegel, "The Constitutional Case for Chevron Deference"
  • Link to the Reading
  • Video: About the reading (~5 min)
  • Reflect on "go deeper" questions for self-study
• Reading 3: Michael Kagan, "Loud and Soft Anti-Chevron Decisions"
  • Reading
  • Video: About the reading (~5 min)
  • Reflect on "go deeper" questions for self-study
• Expert Interview: Kent Barnett
• Expert Interview: Adam White
• Expert Q and A
• Further Reading
• Feedback Survey

Go Deeper: "Loud and Soft Anti-Chevron Decisions" by Michael Kagan

Click here to download these questions as a PDF

After reading "Loud and Soft Anti-Chevron Decisions" by Michael Kagan, consider the following questions:

• Is it important that deference doctrines be consistently applied? Why or why not?
• Do you think changes are needed to deference doctrines? Would you make tweaks or prohibit deference altogether?
• How would administrative rulemaking and adjudication change in a world without deference?
• Do you think the future is uncertain for judicial deference?