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Chevron Lite: How Much Deference Should Courts Give to State Agency Interpretation?

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Title: Chevron Lite: How Much Deference Should Courts Give to State Agency Interpretation?
Author: Graham, Ann
Abstract: The purpose of this article is to analyze state case law and statutes to determine the range of state court deference to state agency interpretation of state law. Initially, I hold up the basic Chevron Two Step doctrine as a template for exploring the range of deference given to state agencies. More importantly, since I find that the Roberts Court is not applying Chevron consistently, I argue that states could provide ideas for replacement of the Chevron doctrine at the federal level. The analytical approach in this article is threefold: (1) to examine existing state models for judicial review of state agency interpretations of state statutes; (2) to make recommendations about the most effective approach on a state level; and (3) to identify state concepts, procedures, and standards that could be imported to the federal arena.
URI: http://hdl.handle.net/10601/381
Related Resources: Click to follow Hein Online link Click to follow Lexis link Click to follow Westlaw link
Date: 2008

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