July 13, 2008
Wisconsin Supreme Court on Deference to Agency Interpretation of Statutes Compared to Rules
This is an interesting decision for anyone interested in Chevron deference type issues, Wisconsin Dept. of Revenue v. Menasha, __ N.W.3d __ (Wis. 2008), available here. What is interesting is that the concurring judge agreed that the standard of review was the "key" to the appeal, and the Chief Judge of the court dissented on that same point. Interesting debate.
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