Notice & Comment

Reflections on Seminole Rock: The Complete Symposium

Last month, Notice & Comment hosted a two-week symposium on Seminole Rock (or Auer) deference. The complete symposium is now available on SSRN. Here is the link. And here is the Table of Contents:

Introduction by Aaron Nielson
The Lost History of Seminole Rock by Sanne H. Knudsen & Amy J. Wildermuth
Henry Hart’s Brief, Frank Murphy’s Draft, and the Seminole Rock Opinion by Aditya Bamzai
Why Empirical Examination of Seminole Rock Is Important by Richard J. Pierce, Jr.
An Empirical Analysis of Auer Deference in the Courts of Appeals by Cynthia Barmore
Empirical Answers to Outstanding Questions in the Ongoing Debate Over Auer by William Yeatman
Auer Deference Inside the Regulatory State: Some Preliminary Findings by Chris Walker
Seminole Rock Step One by Kevin M. Stack
Deference by Bootstrap by Andy Grewal
Seminole Rock in Tax Cases by Steve R. Johnson
Seminole Rock in Environment Law: A Window Into Weirdness by Daniel Mensher
Auer, Mead, and Sentencing by Andrew Hessick
What “Sex” Has to Do with Seminole Rock by Jonathan H. Adler
Auer Federalism: Preemption and Agency Deference by Catherine Sharkey
Auer in the Circuit Courts by David Feder
Auer, Now and Forever by Cass R. Sunstein & Adrian Vermeule
Why Seminole Rock Should Be Overruled by Allyson N. Ho
Auer and the Incentive Issue by Ronald M. Levin
Seminole Rock and Unintended Consequences by Aaron Nielson
Between Seminole Rock and a Hard Place: A New Approach to Agency Deference by Kevin Leske
Rejecting Auer: The Utah Supreme Court Shows the Way by James Phillips & Daniel Ortner
Auer as Administrative Common Law by Gillian Metzger
Why the Supreme Court Might Overrule Seminole Rock by Adam White
Why the Supreme Court Might Not Overrule Seminole Rock by Conor Clarke
Congress Must Act to Restore Accountability to the Regulatory Process by Senator Orrin G. Hatch
Why SOPRA is Not the Answer by William Funk
Contemplating a Weaker Auer Standard by Kristin E. Hickman
After Auer? by Jeffrey Pojanowski
Conclusion by Aaron Nielson

Hopefully this symposium will be useful going forward. For instance, a law professor informed us that she intends to assign the symposium to her students. That’s what we like to hear! We set out to build the most comprehensive “law review article” on Seminole Rock ever written. You can decide whether we succeeded.

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