Bertrall Ross II,
Denying Deference: Civil Rights and Judicial Resistance to Administrative Constitutionalism, 2014
U. Chi. Legal F.
Available at: http://scholarship.law.berkeley.edu/facpubs/2441
In this Article, I pursue an alternative path toward identifying sources of judicial deference choices, by analyzing patterns of judicial deference toward agency interpretations in an entire substantive area---civil rights. Civil rights is a promising area for analysis because it is in this area that the Court has shown some of its greatest inconsistencies in its application of deference doctrine. Focusing on an entire substantive field also offers an intermediate level of analysis, steering between the macro-level and agency-specific accounts.