FREE CLE Course: The Ethics of Judicial Deference

Event Date: Wednesday, May 18, 2022

Time: 12:00 pm ET

Location: NCLA Offices, 1225 19th St NW, Suite 450, Washington, DC, 22036

Admission: Attend for free and earn 1 CLE/ethics credit

Event Description:

The New Civil Liberties Alliance is excited to announce a new CLE program focusing on important topics in Administrative Law. You are invited to attend the first of these free CLE programs on May 18th.

The Ethics of Judicial Deference will feature a conversation between Hon. Janice Rogers Brown, United States Court of Appeals for the District of Columbia Circuit, and Philip Hamburger of Columbia Law School, a preeminent scholar of the Administrative State. The class will be held at noon at our offices near Dupont Circle in Washington DC and lunch will be provided for an additional $5.

Our expert panel will discuss the ethical implications of judicial deference doctrines such as those laid out in Chevron v. Natural Resources Defense Council, Skidmore v. Swift & Co., Bowles v. Seminole Rock & Sand Co., and other decisions on judicial deference. The panel will review statutory texts, such as the Code of Conduct for United States Judges and, of course, Article III of the US Constitution, as they discuss the tension between doctrines of judicial deference and binding precedent on the one hand, and the requirement of an independent and impartial judiciary, on the other.

Learning Objectives:

  • Understand the nature of judicial deference, as applied using various doctrines
  • Identify ethical implications of a rule requiring deference to one side in an Article III proceeding
  • Explore tensions between doctrines of deference, binding precedent, judicial independence, and due process

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