Abstract

http://ssrn.com/abstract=2205073
 
 

Footnotes (87)



 


 



How To Win the Deference Lottery


Christopher J. Walker


Ohio State University (OSU) - Michael E. Moritz College of Law

January 22, 2013

Texas Law Review See Also, Vol. 91, pp. 73-88, 2013
Ohio State Public Law Working Paper No. 187

Abstract:     
In response to Jud Mathews, Deference Lotteries, 91 Texas Law Review 1349 (2013).

In Deference Lotteries, Jud Mathews proposes that the deference framework in administrative law be viewed through the game theory lens of a lottery. Such an approach helps us think critically about how varying standards of review may affect the behavior of agencies and courts engaged in the judicial review process. This Response suggests that the lottery lens can also help agencies think more strategically about how to develop and defend interpretations of statutes they administer. Assuming the validity of the lottery framework, the Response suggests a playbook for agencies to win the deference lottery. As the playbook reveals, this lottery is not a win-or-go-home contest. Instead, it is a repeated game -- a dialogue of sorts between courts and agencies -- where agencies have multiple opportunities to play and replay (and win). The predictive effect of tightening or loosening the lottery thus may not be as strong as one would hope.

Number of Pages in PDF File: 16

Keywords: administrative law, deference, Chevron, Skidmore, judicial review, game theory, bureaucratic politics

Accepted Paper Series





Download This Paper

Date posted: January 24, 2013 ; Last revised: May 23, 2014

Suggested Citation

Walker, Christopher J., How To Win the Deference Lottery (January 22, 2013). Texas Law Review See Also, Vol. 91, pp. 73-88, 2013; Ohio State Public Law Working Paper No. 187. Available at SSRN: http://ssrn.com/abstract=2205073 or http://dx.doi.org/10.2139/ssrn.2205073

Contact Information

Christopher Jay Walker (Contact Author)
Ohio State University (OSU) - Michael E. Moritz College of Law ( email )
55 West 12th Avenue
Columbus, OH 43210
United States
614-292-2631 (Phone)
HOME PAGE: http://moritzlaw.osu.edu/faculty/professor/christopher-j-walker/
Feedback to SSRN


Paper statistics
Abstract Views: 612
Downloads: 180
Download Rank: 98,659
Footnotes:  87

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.313 seconds