Re-Reading Chevron

Thomas W. Merrill

Duke Law Journal2021article
ABDC B
Weight
0.26

Abstract

Though increasingly disfavored by the Supreme Court, Chevron remains central to administrative law doctrine. This Article suggests a way for the Court to reformulate the Chevron doctrine without overruling the Chevron decision. Through careful attention to the language of Chevron itself, the Court can honor the decision’s underlying value of harnessing comparative institutional advantage in judicial review, while setting aside a highly selective reading that unduly narrows judicial review. This re-reading would put the Chevron doctrine—and with it, an entire branch of administrative law—on firmer footing.

Cite this paper

@article{thomas2021,
  title        = {{Re-Reading Chevron}},
  author       = {Thomas W. Merrill},
  journal      = {Duke Law Journal},
  year         = {2021},
}

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Re-Reading Chevron

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Evidence weight

0.26

Balanced mode · F 0.40 / M 0.15 / V 0.05 / R 0.40

F · citation impact0.00 × 0.4 = 0.00
M · momentum0.20 × 0.15 = 0.03
V · venue signal0.50 × 0.05 = 0.03
R · text relevance †0.50 × 0.4 = 0.20

† Text relevance is estimated at 0.50 on the detail page — for your query’s actual relevance score, open this paper from a search result.