Dr. Seuss, Amtrak, and Dentists at the Supreme Court
The Court’s decisions this term ranged from agencies’ regulatory interpretations to Congress’ power to delegate authority.
Simplicity Trumps Logical Coherence
The Supreme Court upholds its concededly “incorrect” ban on post-expiration patent royalties.
The Supreme Court’s Regulatory Term
The Regulatory Review highlights the regulatory decisions from the Supreme Court’s past term.
Hundreds of Recent Final Rules Are Technically Unlawful
Agencies apparently fail to comply with a mandatory reporting requirement for many federal regulations.
Chevron’s Lack of Statutory Support
“If you had to distill the Chevron doctrine to nine words, I do not think you could do better than: ‘When I am confused, I go with the agency.'”
Chevron Undermines Checks and Balances
It is time to reconsider the extent to which we apply Chevron.
A More Sensible Approach to Vesting Jurisdiction for Judicial Review of Agency Decisions
A clearer framework is needed to address jurisdiction questions in legal actions against agencies.
Internalizing Cost-Benefit Analysis
Agencies can improve both regulatory analysis and decision-making by establishing internal review capacity.
Learning from the FDA’s Plan B Fiasco
Plan B episode calls for reconsidering the scope of judicial review and the role of politics in rulemaking.
Are IRS Revenue Rulings Eligible for Chevron Review?
Pending Supreme Court tax case raises key statutory interpretation issue.
Federal Courts Split on Constitutionality of Individual Mandate in Health Care Law
Two district courts uphold insurance mandate, but two other courts find it unconstitutional.
More Petitions Filed Challenging EPA’s Endangerment Finding
Groups challenge EPA’s reliance on scientific reports to find danger in greenhouse gas emissions.