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The Chevron Doctrine: Revisited

SKU: ADM4100

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April

Tue 4/30/2024

10:00AM - 1:00PM

Eastern Time (EDT)

Description

Chief Justice Marshall memorably stated in Marbury v. Madison: “it is emphatically the province and duty of the judicial department to say what the law is.” Decades ago Professor Benard Schwartz’s lectures made it abundantly clear that the separation of powers doctrine had undergone a major case of radical surgery in an increasingly and technically complex society. Recently, the United States Supreme Court heard oral arguments on whether, despite stare decisis, Chevron v. Natural Resources Defense Council should be overruled or at least modified. Administrative law may be subject to radical surgery once again.

Chevron held that in the presence of silence or ambiguity, the statutory interpretation by an administrative agency is entitled to deference as long as such interpretation is reasonable. A decision to overrule the precedent would place the responsibility for the ultimate interpretative decision on the appellate court. A decision merely to modify Chevron might deny deference in the case of statutory silence as opposed to ambiguity.

Lecturer Bio

Jonathan S. Ingber, Esq.

Jonathan S. Ingber was a partner in the firm of Seldine and Ingber, CPAs from 1973 until 2002,and has been an outstanding seminar leader for FICPA for many years. He has been a member of The Florida Bar since 1971. Ingber received his bachelor's degree from Queens College of the City University of New York and an LL.B. from New York University School of Law. He was awarded the American Jurisprudence Prize in torts in 1965 and federal jurisdiction in 1966.

He has lectured on many subjects in 45 states, including corporate liquidations, partnership taxation, fiduciary accounting, complex individual income tax returns, incorporating an existing business, depreciation under MACRS, income taxation of estates and trusts, subchapter S corporations, limited liability companies, repeal of the General Utilities doctrine, alternative minimum tax, passive activity losses and credits, function of state law in resolving federal tax controversies, uniform capitalization rules, taxation of contractors, tax-free reorganizations, and more. Back to Professional Development

The National Academy of Continuing Legal Education is an Alabama State Bar Accredited CLE Sponsor (CLE Sponsor #5893). All courses offered by the National Academy of Continuing Legal Education have been directly approved by the Alabama State Bar. To view our full accreditation details, please .

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The Chevron Doctrine: Revisited

Description

Lecturer Bio

Jonathan S. Ingber, Esq.

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