For our empirical study on the use of Chevron deference in the federal courts of appeals, we utilized the following Codebook. This Codebook draws substantially from the codebook appended to William Eskridge and Lauren Baer’s pathbreaking study of administrative law’s deference doctrines at the Supreme Court. Our research assistants and we followed the instructions below when coding judicial decisions. To address questions as they arose and to ensure consistent coding, we maintained close contact with each other and our research assistants throughout the project and clarified the Codebook to address additional issues. Further details concerning our methodology (and its limitations) are further detailed elsewhere.
Kent Barnett & Christopher J. Walker,
Chevron in the Circuit Courts: The Codebook Appendix,
Mich. L. Rev. Online
Available at: https://repository.law.umich.edu/mlr_online/vol116/iss1/1