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116 MLR Online 1 (2017-2018)

handle is hein.journals/mlro116 and id is 1 raw text is: CHEVRON IN THE CIRCUIT COURTS: THE CODEBOOK APPENDIX Kent Barnett* & Christopher J. Walker** For our empirical study on the use of Chevron deference' in the federal courts of appeals, we utilized the following Codebook2 This Codebook draws substantially from the codebook appended to William Eskridge and Lauren Baer's pathbreaking study of administrative law's deference doctrines at the Supreme Court.3 Our research assistants and we followed the instruc- tions below when coding judicial decisions.4 To address questions as they arose and to ensure consistent coding, we maintained close contact with each other and our research assistants throughout the project and clarified the Codebook to address additional issues. Further details concerning our methodology (and its limitations) are further detailed elsewhere.5 I. BACKGROUND Within each judicial decision, we separately coded entries for each issue of statutory interpretation. For instance, if a decision considered three dif- ferent agency interpretations of a statute that it administered (the meaning of reasonable, the meaning of automobile, and the meaning of large), we coded separate entries for each of the three interpretations. * Associate Professor, University of Georgia School of Law. ** Associate Professor, The Ohio State University Moritz College of Law. 1. See Chevron U.S.A. Inc. v. Nat. Res. Def. Council, Inc., 467 U.S. 837 (1984). 2. See Kent Barnett & Christopher J. Walker, Chevron in the Circuit Courts, 116 MICH. L. REv. 1 (2017). 3. See generally William N. Eskridge, Jr. & Lauren E. Baer, The Continuum of Defer- ence: Supreme Court Treatment of Agency Statutory Interpretations from Chevron to Hamdan, 96 GEO. L.J. 1083, 1203-26 (2008). 4. The research assistants for this empirical study, to whom we are extremely grateful, were: Morgan Allyn, Lydia Bolander, Megan Bracher, Greg Dick, Mathew Doney, Sidney Eberhart, Lauren Farrar, JD Howard, Gregg Jacobson, Mariam Keramati, Patrick Leed, David McGee, James Mee, Andrew Mikac, Justin Nelson, Meghna Rao, Rita Rochford, Serge Rumyantsev, Kaile Sepnafski, Kyla Snow, Jonathan Stuart, Madison Troyer, Sonora Vander- berg-Jones and Molly Werhan. 5. Barnett & Walker, supra note 2, at 21-27. 1

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