Notice & Comment

Results for: william yeatman

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, […]

Notice & Comment

Volume IV of The Major Questions Doctrine Reading List, by Beau J. Baumann

This is Volume IV of the major questions doctrine (“MQD”) reading list. This version reckons with the sheer volume of the literature through restructuring and a slight change in format. Whereas previous iterations of the MQD listed everything under each topic, this version provides a narrower list of relevant items. The bottom of the page—the […]

Notice & Comment

The Major Questions Doctrine Reading List, by Beau J. Baumann

[Originally Published: November 7, 2022; Last Updated: March 18, 2023] Below, I have prepared Volume III of the major questions doctrine (“MQD”) reading list. The literature has continued to grow and develop at an almost exponential rate. We’re starting to flesh out the Pro-MQD literature, and some anti-MQD folks are reckoning with whether we ought […]

Notice & Comment

Federal Circuit Review – Reviewed (At Sporadic Intervals): Second Edition, by Bill Burgess

The D.C. Circuit clearly has an outsized role in the development of administrative law.  But it’s hardly the only court of appeals deciding important administrative law cases.  Other people have posted to highlight the Fifth and Ninth Circuits’ contributions.  This post is to make three points about why the Federal Circuit may have the strongest […]

Notice & Comment

Why the Supreme Court Might Overrule Seminole Rock

In 1951, when Kenneth Culp Davis published his first comprehensive study of administrative law under the newly enacted APA, he explained that the deference courts give interpretative rules necessarily depends on a range of factors, from “the relative skills of administrators and judges in handling the particular subject matter” to “the extent of judicial confidence […]

Notice & Comment

Auer Deference Inside the Regulatory State: Some Preliminary Findings

Yesterday we had three terrific posts on whether Auer deference actually makes a difference in the federal courts of appeals. In other words, do agencies win more when courts apply Auer deference (also known as Seminole Rock deference) to give an agency’s regulatory interpretation “controlling weight unless it is plainly erroneous or inconsistent with the […]