July 16, 2018

Indian Canon and Chevron Deference Do Not Conflict

Law360
Steven D. Gordon

In an article for Law360, Partner Steven Gordon expands on the history, scope and limitations of the Indian Canon—which has been applied to the construction of agency regulations pertaining to Native Americans since it was first announced in 1832 by the U.S. Supreme Court—and the Chevron doctrine. Through his analysis, Mr. Gordon concludes that the doctrine and the canon are not in conflict; rather, a sound analysis under Chevron requires a court to determine whether an agency has correctly applied, or not applied, the Indian Canon.

READ: Indian Canon and Chevron Deference Do Not Conflict

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