Nicholas Bednar (Vanderbilt University, College of Arts and Science, Department of Political Science, Students) has posted What to Do About Chevron – Nothing (Vanderbilt Law Review, Vol. 72, 2019) on SSRN. Here is the abstract:
For thirty-five years, doctrinalists have tormented themselves trying to dissect the Supreme Court’s most infamous administrative-law doctrine: Chevron deference. We have asked when and how it applies. At the same time, we have asked whether Chevron should exist at all. In other words, does Chevron have any normative advantages that warrant its continued existence and prolific use? Despite thirty-five years to work out our differences, the academy — and the courts — remain torn on the answers to all of these questions.