Judicial review of agency interpretation : four values -- Before Chevron -- The Chevron decision -- The rise of the Chevron doctrine -- The indeterminacies of the Chevron doctrine -- The domain of the Chevron doctrine -- Rule of law values -- Constitutional avoidance -- The preemption puzzle -- The principle of legislative supremacy -- Discerning the boundaries of agency authority to interpret -- Improving the quality of agency interpretations -- Reforming the Chevron doctrine
Summary
This book is primarily a work of history about the Chevron doctrine--where it came from, how it spread, the fate of attempts to cabin it, and recent arguments that it should be overruled or significantly rewritten. Before plunging into that history, this chapter seeks to describe, in broad outline, four values that are generally relevant in determining what a regime of judicial review of agency interpretations of law should seek to accomplish. These values are grounded in rough generalizations about how courts and agencies compare in terms of their strengths and weaknesses as institutions
