eCourse
Standards of Review and Judicial Deference in Administrative Law
Contains material from Sep 2018
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Session 2: Judicial Deference to Agency Interpretation of Statutes In Texas - Listen to a discussion about in what circumstances and to what extent Texas courts defer to state agency interpretations of ambiguous statutes. Contrast and compare Texas deference to that given by federal courts to federal agency interpretations.
Includes: Video Audio Paper Slides
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Susan A. Kidwell
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Session 1
—43 mins
Disentangling the Standards of Review (Sep 2018)
The APA authorizes judicial review of contested-case decisions under the “substantial evidence rule,” but the various standards of review (de novo, substantial evidence, arbitrary and capricious, and abuse of discretion) are frequently confused and conflated. Learn to disentangle those standards with a framework for identifying, defining, and effectively applying the correct standard to uphold or challenge agency decisions.
Originally presented: Aug 2018 Advanced Texas Administrative Law Seminar
Susan A. Kidwell,
Locke Lord LLP - Austin, TX
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Hon. Thomas R. Phillips
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Session 2
—28 mins
Judicial Deference to Agency Interpretation of Statutes In Texas (Sep 2018)
Discuss in what circumstances and to what extent Texas courts defer to state agency interpretations of ambiguous statutes. Contrast and compare Texas deference to that given by federal courts to federal agency interpretations.
Originally presented: Aug 2018 Advanced Texas Administrative Law Seminar
Hon. Thomas R. Phillips,
Baker Botts L.L.P. - Austin, TX