Judicial Deference Expedition

Judicial Deference:

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Welcome to Ballotpedia's Live Expedition on Judicial Deference!

Click here to download this syllabus as a PDF

Introduction

This month-long learning experience will introduce you to the concept of judicial deference. In the context of administrative law, deference applies when a federal court yields to an agency's interpretation of either a statute that Congress instructed the agency to administer or a regulation promulgated by the agency.

In this course, you will read 3 articles that describe judicial deference and how it intersects with constitutional interpretation. Using these articles as well as accompanying videos and information from experts, you will be asked to reflect on key concepts related to judicial deference and its relationship to both the administrative state and governance as a whole.

Readings

Cynthia R. Farina, Statutory Interpretation and the Balance of Power in the Administrative State"
Jonathan R. Siegel, "The Constitutional Case for Chevron Deference", Vanderbilt Law Review.
Michael Kagan, "Loud and Soft Anti-Chevron Decisions", UNLV William S. Boyd School of Law Legal Studies Research Paper.

Syllabus and Suggested Schedule:

Note: The schedule provided below is only a recommendation. As the unit is self-paced, you can proceed through the materials at any pace you choose (with the exception of the Live AMA).

Week 1:

Video: Introduction to Judicial Deference
Overview of course materials
Reading 1: Cynthia R. Farina, "Statutory Interpretation and the Balance of Power in the Administrative State"

Week 2:

Expert Interview: Kent Barnett
Reading 2: Jonathan R. Siegel,"The Constitutional Case for Chevron Deference"

Week 3:

Expert Interview: Adam White
Reading 3: Michael Kagan, "Loud and Soft Anti-Chevron Decisions"

Week 4:

Judicial Deference Expedition