The U.S. Supreme Court has increasingly invoked the major questions doctrine to police the separation of powers, with a series of cases in the past few terms relying on the doctrine. Observers have noted that the rise of the doctrine appears to compensate for a long-comatose nondelegation doctrine that the Court is undecided on whether […]
This Article is part of a special issue comprised of a series of Articles prepared by a collection of economists and policy experts in the United States, the United Kingdom, and the European Union who have studied––and are committed to the improvement of––competition in digital markets. For other Articles in this issue, please click here.
This Article is part of a special issue comprised of a series of Articles prepared by a collection of economists and policy experts in the United States, the United Kingdom, and the European Union who have studied––and are committed to the improvement of––competition in digital markets. For other Articles in this issue, please click here.
This Article is part of a special issue comprised of a series of Articles prepared by a collection of economists and policy experts in the United States, the United Kingdom, and the European Union who have studied––and are committed to the improvement of––competition in digital markets. For other Articles in this issue, please click here.
This Article is part of a special issue comprised of a series of Articles prepared by a collection of economists and policy experts in the United States, the United Kingdom, and the European Union who have studied––and are committed to the improvement of––competition in digital markets. For other Articles in this issue, please click here.
This Article is part of a special issue comprised of a series of Articles prepared by a collection of economists and policy experts in the United States, the United Kingdom, and the European Union who have studied––and are committed to the improvement of––competition in digital markets. For other Articles in this issue, please click here.
This disclosure document accompanies our special issue on digital platform regulation. We include this omnibus conflict-of-interest disclosure statement at the end of this special issue rather than appending Article-specific disclosure statements to each Article. This omnibus disclosure document is intended to comply with the substantive principles of the Disclosure Policy of the American Economic Association. […]
A quick skim of daily headlines shows the breadth of regulatory law, from recommendations to limit the F.B.I’s use of warrantless surveillance to how the Consumer Product Safety Commission defines e-bikes. Many lawyers practice exclusively in regulatory settings, confronting these new developments continuously, and even lawyers who focus on less regulation-centric areas will still encounter administrative law. Law students, […]
As the term “natural resources” implies, society derives enormous value from the natural environment. Forests and clean waters support a large outdoor leisure industry, along with personal recreation, while wetlands protect homes from floods and storms and reduce insurance premiums. The idea that the federal government has an obligation to carefully manage these resources in […]
This is Volume IV of the major questions doctrine (“MQD”) reading list. This version reckons with the sheer volume of the literature through restructuring and a slight change in format. Whereas previous iterations of the MQD listed everything under each topic, this version provides a narrower list of relevant items. The bottom of the page—the […]
Two weeks ago, the petitioners filed their brief in Loper Bright Enterprises v. Raimondo, the case next term in which the Supreme Court will reconsider Chevron deference. Several legal scholars have also filed amicus briefs in favor of petitioners or on behalf of neither party. I am not among them. But I was somewhat surprised that both the petitioners and […]
As readers of this blog know well, the major questions doctrine (MQD) has become a staple of contemporary administrative law practice. For the past two Supreme Court terms, the MQD has been invoked to vacate administrative actions canceling student loan debt, imposing mortgage foreclosure moratoria, requiringvaccination against COVID-19, and controlling carbon dioxide pollution from power plants. At the same time, the MQD […]
In Loper Bright Enterprises v. Raimondo, the Supreme Court will address whether it should replace the Chevron standard of review. I want to pick apart a particular passage of the petitioners’ merits brief: More troublingly, Chevron has seriously distorted how the political branches operate. Thanks to Chevron, Congress does far less than the Framers envisioned and the executive branch does far more, […]
In Congress’s Anti-Removal Power, Aaron l. Nielson & Christopher J. Walker propose something of a workaround to secure some degree of agency independence from the president in the not entirely unlikely event that the courts rule statutory restrictions on the president’s removal power unconstitutional. They suggest that Congress can, in effect, discourage removal by making it more difficult […]
I have completed the annual update to the list of schools requiring a Legislation & Regulation or Administrative Law course. Links to the pertinent page of the school’s website now appear for every entry. There are a small number of new schools on the list (all appearing in bold), including Mitchell Hamline and Berkeley Law. A […]