Brief of Amicus Curiae Professor Kristin E. Hickman in Support of Respondents, United States v. Home Concrete & Supply, LLC (United States Supreme Court)

44 Pages Posted: 22 Jan 2012

See all articles by Kristin E. Hickman

Kristin E. Hickman

University of Minnesota - Twin Cities - School of Law

Date Written: December 22, 2011

Abstract

This amicus brief was filed before the United States Supreme Court in United States Home Concrete & Supply, LLC, No. 11-139, to discuss two issues raised by the procedures used by the Treasury Department in adopting Treas. Reg. 301.6501(e)-1, at issue in the case: (1) whether Treas. Reg. 301.6501(e)-1 is procedurally invalid under the Administrative Procedure Act in light of Treasury's use of interim-final rulemaking with only post-promulgation notice and comment and without a contemporaneous assertion of good cause; and (2) whether a procedurally invalid Treasury regulation can be eligible for Chevron deference. The brief summarizes and expands upon issues raised and arguments made in some of my previous scholarship.

Keywords: Home Concrete, interim-final rule, Administrative Procedure Act, Treasury Regulation

JEL Classification: K23, K34, K41

Suggested Citation

Hickman, Kristin E., Brief of Amicus Curiae Professor Kristin E. Hickman in Support of Respondents, United States v. Home Concrete & Supply, LLC (United States Supreme Court) (December 22, 2011). Minnesota Legal Studies Research Paper, Available at SSRN: https://ssrn.com/abstract=1989098 or http://dx.doi.org/10.2139/ssrn.1989098

Kristin E. Hickman (Contact Author)

University of Minnesota - Twin Cities - School of Law ( email )

229 19th Avenue South
Minneapolis, MN 55455
United States
612-624-2915 (Phone)

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