Court-Proofing the Administrative State
Recent Supreme Court rulings create the need to insulate administrative decisions from judicial review.
A Judicial Threat to Conservation
The recent nullification of environmental regulations by a federal court sets a dangerous precedent.
Threatening Chevron Deference Threatens Government as a Whole
Scholar argues that overruling deference to agencies will constrain U.S. government action.
Rejecting Two-Faced Explanations by Agencies
Scholar argues that recent Supreme Court decisions create a new vision of agency accountability to the public.
Regulatory Comments and the Major Questions Doctrine
Courts should not rely on the number of public comments to assess the legality of regulations.
Regulatory Reactivity in FDA’s Approval of Aduhelm
A controversial approval of an Alzheimer’s treatment reveals a core weakness in oversight of agency discretion.
The Trump Administration’s Weaponization of the “Major Questions” Doctrine
Deregulatory attacks have twisted a legal concept meant only to restrain extraordinary actions.
Continuous Judicial Review in Coronavirus Times
The Israeli judiciary exerts oversight and influence over the executive’s COVID-19 response.
Judicial Deference to Agencies’ Decisions in Brazil and the United States
American doctrines of judicial review may provide useful models for Brazilian courts.