The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
Pacific Legal Foundation's Center for the Separation of Powers and George Mason University's Liberty & Law Center at the Antonin Scalia Law School seek papers for a
State Judicial Deference Research Roundtable, to be held in late August or early
September 2021, in Arlington, VA, or virtually. [For full details, click this link]
Possible topics include:
1. What impact has eliminating and/or limiting deference had on the success rate of litigants challenging government action (i.e., does the government lose more often without or with limited deference doctrines)?
2. Has eliminating and/or limiting deference had a measurable impact on the regulatory burdens that citizens in those states experience?
3. In states that have eliminated deference, have agencies been measurably hampered in their ability to regulate and enforce their regulations?
4. What economic impacts have there been from the elimination or limitation of judicial deference, if any?
5. Do 1–4 above differ based on whether a state eliminated or limited deference through judicial decision or political means?
6. Has eliminating deference had any impact on the legislative process in these states?
7. What reasons have courts, legislators, or public policy groups given in favor of or against the elimination of deference in the states? How is this reasoning and rhetoric similar or different from the debate concerning federal deference?
8. What impact has the elimination of deference had on the precedential value of decisions that relied on deference.