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116 MLR Online 1 (2017 )

handle is hein.journals/mlro116 and id is 1 raw text is: 



                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.


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