the Barmore law review article, you should have a pretty good idea of whether you agree or disagree with Barmore’s ideas and why. In preparation for writing a full critique of Barmore’s article, create a thesis statement that presents your evaluative position and an outline that previews the elements of Barmore’s article you will discuss in detail in an effort to persuade the reader of your paper that your position is reasonable. (Keep in mind the key components of successful rhetoric as you compose your thesis statement.)
When writing a critique, it is often best to begin with the body paragraphs. Each body paragraph should be focused on one of the criteria for a good argument:
Organize the paragraph by “____ does/does not meet _____ criteria.” For instance, an article attributing the cause of childhood obesity to fast food restaurants might succeed in meeting one of the criteria (showing that the problem exists), but fail in meeting another of the criteria (showing that fast food is the only or primary logical cause of the problem).
Assignment help – Discuss how the writer succeeds/fails/has mixed results in this particular area, and then prove that your assessment is valid by referring to specific passages and analyzing why these passages mean what you say they mean. To use the same example, the writer might have succeeded in providing evidence by using statistics from the Centers for Disease Control and World Health Organization to document the rise in rates of obesity in children, but used fallacious reasoning by failing to take into consideration other causes of childhood obesity (sedentary lifestyle; genetic and metabolic factors).
Once you have gone through these steps for all of the criteria that indicate proper argumentation, construct a thesis that reflects your overall findings. “Article X is a success/a failure/only a limited success because it achieves/fails to achieve/only partly achieves its aim to _____.”
When you submit your thesis statement and outline to the Dropbox, turn in whatever parts of the introduction you have written as well; underline or highlight the thesis statement itself.
Required Criteria:
In addition to fulfilling the specifics of the Assignment, a successful paper must also meet the following criteria:
Viewpoint and purpose should be clearly established and sustained.
Assignment should follow the conventions of Standard English (correct grammar, punctuation, etc.).
Writing should be well ordered, logical, and unified, as well as original and insightful.
Your work should display superior content, organization, style, and mechanics
Appropriate Help write my thesis – APA citation style should be followed.
You should also make sure to:
Include a title page with full name, class name, section number, and date.
Include an introductory and concluding paragraph and demonstrate college-level communication through the composition of original materials in Standard English.
Use examples to support your discussion.
List all sources on a separate reference page at the end of your paper and cite them within the body of your paper using Help write my thesis – APA format.
Barmore Law
The fact that the court was supposed to defer to the interpretation of an agency regarding its regulation, which was ambiguous, was taken for granted by both judges and commentators. The only exception was if the interpretation was inconsistent with the regulation or if it was erroneous. There are theoretical dangers associated with the doctrine, which include how Auer is put into practice. The Auer was of great discontent, according to Justice Scalia and was announced in Difference Talk America. She portrayed Auer as something horrible that allowed the execution of oppressive laws authoritatively.
Reasons why Auer is not special or a nation’s threat
Recorded a low rate
Since the announcement, the decisions of the court have rolled down Auer’s scope. There have also been several reactions by the federal courts regarding the recent Auer decisions by the court. According to my judgment, Auer is not special, and it does not threaten the nation. That is because from 2011 to 2012, the rate at which circuit courts granted Auer deference dropped steadily from eighty-two percent to seventy percent (Semantic Scholar). It is now comparable to the rest of the deference agencies receive under Chevron. That means that it does not insulate agency action from review since it’s not a super-deference form.
Used as a shortcut
For the court to adopt an interpretation, it would require Auer to indicate that it is extremely rare since the court would reject it. Auer is instead used as a shortcut in avoiding regulatory analysis that is lengthy or rather in concluding the agency’s position, which is a good thing to do. The discretion made is to choose the policy question that is not answered. Only twenty percent of the agencies that grant Auer deference admit that their reading is the best. These findings undermine Auer’s critic’s central concern. The Auer doctrine compels the court to agree with the agency’s interpretations, which border on implausible.
Examples
These are some of the examples that best explain what was going on. Justice Scalia had mentioned that the reviewing court was compelled by the deference to dictate that the agency would state the next step to be taken. Justice Thomas also criticized Auer since he considered it a transaction of powers to executive agencies from the judiciary (Barmore, 2015). These arguments by Justice Scalia and Thomas had some intuitive force since there were responses made by agencies concerning Auer, including writing substantive rules broadly and vaguely, some gaps were left to be filled later, and rules that were unchecked were being interpreted by comment and notice.
Circuits appear to be more hesitant.
Statistics and data revealed the exact details of when courts defer. The ninth and D.C. circuits appear to be more hesitant than the conservative circuits, including the eleventh, eighth fifth, which grant Auer deference as most often according to history. Some agencies invoke Auer more than others, especially the Bureau of Immigration Affairs and the Department of Labor. These agencies also get it at a rate lower than all the others. When an agency is a party to the litigation rather than when it is not, that’s when its interpretation prevails more often. Still, deference is rejected by the court if the interpretation happens to be in the order of the agency or public issuance.
In conclusion, the court would not exercise its independent judgment while giving agency interpretations being the controlling weight. The critique is grounded over Auer as a doctrine and not just the concept. Any wrong or inappropriate interpretation that is within Auer’s framework can and is rejected by the court. Justice Thomas also found the doctrine to preclude judges from coming up with agency regulations independently. However, Auer generally maintains agency decision making through political accountability, facilitates reviews by the judiciary, and increases the regulatory action predictability.
References
(n.d.). Semantic Scholar. https://pdfs.semanticscholar.org/e421/c72970e130ab04d1fc6d80efc439f4c77cae.pdf
Barmore, C. (2015). Auer in Action: Deference After Talk America. Ohio St. LJ, 76, 813.
