Statutory Interpretation Questions

Judicial Deference:

Navigate through this content:

• Syllabus/Course Contents
• Video: Introduction to Judicial Deference
• Reading 1: Cynthia R. Farina, "Statutory Interpretation and the Balance of Power in the Administrative State"
  • Link to the Reading
  • Video: About the reading (~5 min)
  • Reflect on "go deeper" questions for self-study
• Reading 2: Jonathan R. Siegel, "The Constitutional Case for Chevron Deference"
  • Link to the Reading
  • Video: About the reading (~5 min)
  • Reflect on "go deeper" questions for self-study
• Reading 3: Michael Kagan, "Loud and Soft Anti-Chevron Decisions"
  • Reading
  • Video: About the reading (~5 min)
  • Reflect on "go deeper" questions for self-study
• Expert Interview: Kent Barnett
• Expert Interview: Adam White
• Expert Q and A
• Further Reading

Go Deeper: "Statutory Interpretation and the Balance of Power in the Administrative State" by Cynthia Farina

Click here to download these questions as a PDF

After reading “Statutory Interpretation and the Balance of Power in the Administrative State” by Cynthia Farina, consider the following questions:

• What are the appropriate roles of courts and agencies in the administrative state?
• Should deference ever be granted to agencies? How much?
• Deference is often given to agency interpretations. What about the laws requires agencies to have to interpret them?
• One of the defenses of deference is that agencies are more accountable than judges. Do you agree or disagree? Why?
• Who is more responsible for the current state of deference to agency interpretations: Congress or the courts?