Jan

    Kisor v. Wilkie - A Supreme Court Case Challenge to Auer and Seminole Rock Deference

    3 PM EST

    In December, the Supreme Court announced that it would hear a case that directly challenges a major administrative law doctrine. To discuss this case, the ABA’s Section of Administrative Law & Regulatory Practice invites you to dial in to a teleforum on January 24, at 3:00 pm eastern.

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    The case, Kisor v. Wilkie (No. 18-15), arises from a veteran’s claim for disability benefits for service-related post-traumatic stress disorder, a claim that the U.S. Department of Veterans Affairs denied in part under its own regulations. The lower court deferred to the VA’s interpretation of its own regulation, under the doctrine of Seminole Rock and Auer,

    Accordingly, this case squarely presents the question of whether the courts should defer to agencies’ interpretations of their own regulations - a question that Justice Scalia raised in his concurring opinion in Talk America v. Michigan Bell (2011). After nearly eight years of significant debate among judges, practitioners, and scholars, the Court’s decision could have major impacts on federal law and regulation.

    To discuss the case, the Section has invited three prominent scholars to present their views in a public "teleforum," presented by the Judicial Review Committee's Supreme Court Series:

    Aaron Nielson is an Associate Professor of Law at the BYU J. Reuben Clark Law School

    Catherine Sharkey is the Crystal Eastman Professor of Law at the New York University School of Law

    Amy Wildermuth is Dean of the University of Pittsburgh School of Law

    The discussion will be moderated by Adam White, an assistant professor of law at George Mason University’s Antonin Scalia Law School and director of the school’s C. Boyden Gray Center for the Study of the Administrative State.

    Open the the public.

    NO CLE available for this program, but registration is required.

    To Register, please send and email to Rebecca.Mobley@americanbar.org

    Event Details

    Format

    Teleconference

    Date

    Jan 24, 2019

    2019-01-24T15:00:00-05:00 2019-01-24T16:00:00-05:00 Kisor v. Wilkie - A Supreme Court Case Challenge to Auer and Seminole Rock Deference

    In December, the Supreme Court announced that it would hear a case that directly challenges a major administrative law doctrine. To discuss this case, the ABA’s Section of Administrative Law & Regulatory Practice invites you to dial in to a teleforum on January 24, at 3:00 pm eastern.

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    Section of Administrative Law and Regulatory Practice

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