Show Notes
Adam White and Jace Lington chat with Ronald A. Cass about the future of judicial deference to agency actions. They discuss Cass’s recent papers, “Fixing Deference: Delegation, Discretion, and Deference Under Separated Powers,” published by the New York University Journal of Law & Liberty, and “Getting Deference Right,” published by National Affairs. Ron insists on the crucial distinction between court decisions on what the law means and agency decisions about policy implementation.
Notes:
Fixing Deference: Delegation, Discretion, and Deference Under Separated Powers (NYU JLL, 2023) Getting Deference Right (National Affairs, 2024) Loper Bright Amicus Brief, Gray Center Separation of Powers Clinic Gray Center 2023 Rule of Law Symposium
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