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Standards of Review and Judicial Deference in Administrative Law

Contains material from Sep 2018

Standards of Review and Judicial Deference in Administrative Law
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Session : Disentangling the Standards of Review 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.

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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1. Disentangling the Standards of Review (Sep 2018)

Susan A. Kidwell

0.75 0.00 0.00
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(mp4)
43 mins
(mp3)
43 mins
(pdf)
36 pgs
(pdf)
22 pgs
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

Show session details

2. Judicial Deference to Agency Interpretation of Statutes In Texas (Sep 2018)

Hon. Thomas R. Phillips

0.50 0.00 0.00
Preview Materials

Download session materials for offline use

(mp4)
28 mins
(mp3)
27 mins
(pdf)
27 pgs
(pdf)
14 pgs
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