Judicial Review of Agency Action
/ | Leave a CommentAdministrative Relief and Private Rights of Action under the Antitrust LawsBy Richard A. Epstein, The Laurence A. Tisch Professor of Law, The New York University School of Law; The Peter […]
REGULATORY BUDGETING AND EXECUTIVE ORDER 13771
/ | Leave a CommentRegulatory Budgeting in the U.S. Federal Government: A First-Hand Account of the Initial Experience and Recommendations for Future Regulatory BudgetsBy Anthony P. Campau, Chief of Staff & Counselor for the […]
Does Dobbs v. Jackson Threaten The Supreme Court’s Legitimacy?
/ | Leave a CommentIn Public Discourse’s latest interview, Adam White, a senior fellow at the American Enterprise Institute and co-director of George Mason University’s C. Boyden Gray Center for the Study of the Administrative […]
Oligarchies, Monopolies, and the Constitution
/ | Leave a CommentIs the #constitution “anti-oligarchy”? What does it say about monopolies and antitrust? Legal experts Joseph Fishkin and William E. Forbath, co-authors of The Anti-Oligarchy Constitution, join law professor Katharine Jackson […]
SCOTUS Demonstrates Why We No Longer Need Chevron Deference
/ | Leave a CommentThe Supreme Court’s 1984 decision in Chevron v. NRDC established a regime of deference to administrative agencies. It is one of the most frequently cited cases in the Court’s history. […]
Commentary Podcast
/ | Leave a CommentThe Supreme Court’s final day of a consequential term ended no less consequentially. Legal scholar Adam White joins the podcast once again to break down the Court’s ruling in West […]
The Supreme Court reminds the executive branch: Congress makes the laws
/ | Leave a CommentThe Supreme Court ended its term on Thursday with an important declaration: Using regulation as a shortcut to lawmaking will no longer fly. This limitation is long overdue. The shift […]
Congress’s power of the purse in the administrative state
/ | Leave a CommentThe Demise and Rebirth of Fiscal HeroismBy Zachary S. Price, Harry & Lillian Hastings Research Chair, UC Hastings Law Oversight RidersBy Kevin M. Stack, Lee S. and Charles A. Speir Professor […]
Supreme Court Review
/ | Leave a CommentExecutive Decisions After ArthrexBy Jennifer Mascott, Assistant Professor of Law and Co-Executive Director, The C. Boyden Gray Center for the Study of the Administrative State, Antonin Scalia Law School, George Mason University […]
Agency Independence After Seila and Collins
/ | Leave a CommentSubmerged Independent AgenciesBy Brian D. Feinstein, Assistant Professor of Legal Studies, The Wharton School of the University of Pennsylvania & Jennifer Nou, Professor of Law, The University of Chicago Law School The […]