Administrative Interpretations of Judicial Decisions: Deference?
There is an interesting exchange of footnotes between the majority and dissenting opinions of the Supreme Court of the United States in Vance v. Ball State University (2013), 570 U.S. _____. At issue was the scope of Title VII of the Civil Rights Act. Previously, the Court had held that vicarious liability attaches to an […] Read more
Deference to Administrators’ Interpretations of their Own Regulations
The Supreme Court of the United States recently cast a critical eye over the concept of Auer deference (so called even though the seminal case is actually Bowles v. Seminole Rock & Sand Co.). When administrative bodies promulgate rules, regulations and policies to fill in the gaps in statutory provisions, their promulgations may themselves have […] Read more