Blog
Federal Judge Rules That EPA Must Account for Job Losses of Its Regulations
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Congress’s Aversion to Power Undercuts Constitutional Safegaurds
A foundational principle behind the structure of the U.S. government, as provided by the Constitution, is that human beings are power hungry.
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Inquiry into Judicial Deference
Deference is judicial respect for agency interpretations of ambiguities in texts that carry the force and effect of law.
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Response to Prof. Aaron Nielson on ‘Auer Deference’
As I’ve discussed before, there is a robust ongoing debate over the propriety of Article III courts giving binding respect to a regulatory agency’s interpretations…
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Response to Prof. Ronald Levin on ‘Auer Deference’
Last week, I posted about an ongoing symposium at Notice & Comment, regarding Auer deference to agency interpretations of their own regulations.
Blog
Obama Administration Violates Judicial Independence in Dakota Pipeline Case
Last week, I lambasted the Obama administration for effectively overturning an Article III court decision regarding the Dakota Access Pipeline. Below is a summary of…