Disagreement About Chevron: Is Administrative Law the "Law of Public Administration"?

27 Pages Posted: 18 Feb 2021

See all articles by Sidney A. Shapiro

Sidney A. Shapiro

Wake Forest University School of Law

Elizabeth C. Fisher

University of Oxford - Faculty of Law

Date Written: January 31, 2021

Abstract

Some judges and commentators perceive overthrowing Chevron as a battle for American constitutional democracy, while for another group, it just isn’t. This essay, a contribution of the Duke Law Journal’s administrative law symposium, argues that neither group recognizes this: Whether administration law is to be the law of public administration is the root cause of disagreements about the future of Chevron deference. We explain what it means to conceptualize administrative law this way, how Chevron embodies this conception, and how the failure to understand this creates the previous disagreement. We conclude that conceiving of administrative law as the law of public administration offers a constructive way forward to think about judicial review of statutory interpretation.

Suggested Citation

Shapiro, Sidney A. and Fisher, Elizabeth C., Disagreement About Chevron: Is Administrative Law the "Law of Public Administration"? (January 31, 2021). Duke Law Journal, Vol. 70, 2021., Available at SSRN: https://ssrn.com/abstract=3776816

Sidney A. Shapiro (Contact Author)

Wake Forest University School of Law ( email )

P.O. Box 7206
Winston-Salem, NC 27109
United States
336-758-5430 (Phone)

Elizabeth C. Fisher

University of Oxford - Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom
01865 276749 (Phone)

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