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09 December 2008

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Orin Kerr

Don't forget Orin S. Kerr, Shedding Light on Chevron: An Empirical Analysis of the Chevron Doctrin in the U.S. Court of Appeals, 15 Yale. J. on Reg 1 (1998), which specifically addresses the one-step versus two-step question and found that courts often treat Chevron as having one step (about 25% of the time) and that they tend to rule for the government in the same rate either as one step or two.

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