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Expert Analysis

Indian Canon And Chevron Deference Do Not Conflict

By Steven Gordon (July 16, 2018, 3:40 PM EDT) -- The Indian canon of construction provides that "statutes are to be construed liberally in favor of the Indians, with ambiguous provisions interpreted to their benefit."[1] Current, there is a split between the federal circuits regarding how this canon interacts with the Chevron principle that courts defer to agency constructions of statutes which they administer. This article will analyze the Indian canon and will demonstrate that there is no inherent conflict between it and the Chevron doctrine....

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