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22 May 2012, 4:28 pm by Martin Downs
Elias LJ noted that the argument that, “it is for the authority to decide under which category a case falls” failed in Skidmore and the Judgments of all three Judges proceeded on the basis that it was a matter for the Court to decide. [read post]
25 Jun 2013, 6:57 am by Joy Waltemath
” The Court declined to give Skidmore deference to the EEOC’s causation standard as set forth in its guidance manual, finding the agency’s explanations for its position lacked persuasive force. [read post]
30 Oct 2013, 5:55 pm by Larry
That left the CAFC to figure it out, which it did in a case called Atlantic Sugar Ltd. v. [read post]
15 Sep 2011, 11:07 am by Jonathan Zasloff
  In any event, typical Chevron deference doesn’t apply in immigration cases because unpublished BIA opinions don’t get deference, so the Court deferred under an older formulation, from Skidmore v. [read post]