Aditya Bamzai (University of Virginia School of Law) has posted Judicial Deference and Doctrinal Clarity (Ohio State Law Journal, Vol. 82, No. 585, 2021) on SSRN. Here is the abstract:
This essay is a response to Professor Case Sunstein's article, Zombie Chevron: A Celebration, 82 Ohio St. L.J. 565 (2021). In it, I discuss several issues raised by the Supreme Court's 2019 decision in Kisor v. Wilkie. Specifically, the article explores conceptual issues regarding interpretation; the relevance of canons, nondelegation, and the major questions doctrine; and stare decisis.
Highly recommended.
