Jalen LaRubbio
89 Geo. Wash. L. Rev. 1261
The common law has undergirded American society since the founding. In recent decades, however, the law surrounding federal administrative agencies has grown massively in importance. Inevitably, instances of conflict between established common law and agency statutory interpretations have arisen and will continue to arise as the administrative state grows in size and importance. This Essay explores several recent cases in which common law principles and agency statutory interpretations have competed for prominence and assesses how to best move forward with those conflicts. Courts can best account for the wide range of considerations integral to this inevitable conflict by analyzing and deciding such cases at Chevron Step Two whenever practical.
