Tag Archives: City of Arlington v. FCC

Barnett on Dodd-Frank as an Agency Deference Pioneer (AdLaw Bridge Series)

by Christopher J. Walker — Friday, Nov. 21, 2014@chris_j_walker

This is the second time in the AdLaw Bridge Series where I’m highlighting excellent scholarship inspired by the  Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank). As I mentioned in my prior post and as Paul Rose and I have explored elsewhere ( here and here), Dodd-Frank has raised the stakes for financial regulation […]

Should Courts Defer to Administrative Interpretations of Criminal Law?

by Christopher J. Walker — Tuesday, Nov. 11, 2014@chris_j_walker

Yesterday in a short statement respecting the denial of certiorari in Whitman v. United States, Justice Scalia — joined by Justice Thomas — raised an interesting question about whether “a court owe[s] deference to an executive agency’s interpretation of a law that contemplates both criminal and administrative enforcement.”  Here are some highlights (citations omitted): I doubt the […]