What is Deference: An Introduction and Call for Collaboration

Deference is a pervasive concept in American law, yet remains surprisingly under-analyzed. While Chevron v. NRDC, Inc. (1984) which prescribes judicial deference to agency interpretations of statutes has become the most cited Supreme Court case of all time, neither the Court – nor Black’s law dictionary – have ever defined deference in full. In an effort to begin fill the gap in the conceptual and comparative literature on deference Prof. Gary Lawson of Boston University and I have recently completed writing a book on this topic for Oxford University Press. My proposal is double: first, to preset the main points of our analysis at the icon-s conference; the second, since we realize that deference exists and operates in many legal systems, we wish to call on colleagues from other countries to cooperate with us on a proposed second volume – Deference in Comparative Law Perspective.