Seminole Rock deference


No Seminole Rocks in the Park: Perez v. Mortgage Bankers’ Association, 575 U.S. _____ (2015)

The Supreme Court of the United States decision in Perez v. Mortgage Bankers’ Association, 575 U.S. _____ (2015) (discussed here) is also notable for the concurring opinions of Justices Scalia and Thomas, which take aim at Seminole Rock deference. Pursuant to this concept, an administrative agency’s interpretation of its own regulations controls unless it is […] Read more

From Blogger

Interpreting Regulations — Kevin Stack

Kevin Stack has posted Interpreting Regulations on SSRN. Here is the abstract: The age of statutes has given way to an era of regulations, but our jurisprudence has fallen behind. Despite the centrality of regulations to law, courts have no intelligible approach to regulatory interpretation. The neglect of regulatory interpretation is not only a shortcoming […] Read more