Jul 27 2021 Topics Administrative Law & Regulation • Supreme Court Blog Post Student Blog Initiative Arbitrary and Capricious Review at the Court After FCC v. Prometheus Radio Project: From the Return of “Hard Look” to the “Zone of Reasonableness” Eli Nachmany The Administrative Procedure Act (APA) instructs courts to “hold unlawful and set aside agency action, findings,...
May 10 2021 Topics Administrative Law & Regulation • Environmental & Energy Law Blog Post Student Blog Initiative Assessing the Nondelegation Challenge in Texas’s Keystone XL Pipeline Lawsuit Against the Biden Administration Eli Nachmany Justice Alito’s concurrence in the recent case of Gundy v. United States signaled that the...
Mar 22 2021 Topics Administrative Law & Regulation Blog Post Student Blog Initiative Kisor on Remand: Raising the Bar to “Genuinely Ambiguous” at Auer Step Zero Eli Nachmany A recent decision from the Federal Circuit may provide a roadmap for the future of...
Mar 17 2021 Publication Federalist Society Review Empowering the “Honest Broker”: Lessons Learned from the National Security Council Under President Donald J. Trump Eli Nachmany Federalist Society Review, Volume 22 On September 18, 2019, Robert O’Brien took over as President Donald J. Trump’s National Security...
Jan 25 2021 Topics Administrative Law & Regulation Blog Post Student Blog Initiative Finding “Law to Apply”: Shawnee Tribe v. Mnuchin and the Newest Nondelegation Canon Eli Nachmany As the Trump Administration departs, lower courts are interpreting and applying Trump-era Supreme Court precedents...
Nov 24 2020 Topics Administrative Law & Regulation • Supreme Court • Federalism & Separation of Powers Blog Post Student Blog Initiative Full Disclosure: The Unitary Executive Theory’s Recent Cameo at Supreme Court Oral Argument in a FOIA Case Eli Nachmany The Federalist Society is pleased to announce its Student Blog Initiative, a project of the...
Sep 23 2020 Topics Administrative Law & Regulation • Federalism & Separation of Powers Blog Post Student Blog Initiative Life After Seila Law: The Emerging Presidential Removal Power Docket at the Supreme Court Eli Nachmany The Federalist Society is pleased to announce its Student Blog Initiative, a project of the...
Jul 13 2020 Blog Post “Better Than Nothing”: Supreme Court in Mazars Devises a New Four-Factor Test for Congressional Subpoenas of a President’s Personal Documents Eli Nachmany On July 9, 2020, the Supreme Court delivered its long-awaited opinions in two cases concerning...
Topics
Arbitrary and Capricious Review at the Court After FCC v. Prometheus Radio Project: From the Return of “Hard Look” to the “Zone of Reasonableness”
The Administrative Procedure Act (APA) instructs courts to “hold unlawful and set aside agency action, findings,...
Topics
Assessing the Nondelegation Challenge in Texas’s Keystone XL Pipeline Lawsuit Against the Biden Administration
Justice Alito’s concurrence in the recent case of Gundy v. United States signaled that the...
Topics
Kisor on Remand: Raising the Bar to “Genuinely Ambiguous” at Auer Step Zero
A recent decision from the Federal Circuit may provide a roadmap for the future of...
Empowering the “Honest Broker”: Lessons Learned from the National Security Council Under President Donald J. Trump
Eli Nachmany
Federalist Society Review, Volume 22
On September 18, 2019, Robert O’Brien took over as President Donald J. Trump’s National Security...
Topics
Finding “Law to Apply”: Shawnee Tribe v. Mnuchin and the Newest Nondelegation Canon
As the Trump Administration departs, lower courts are interpreting and applying Trump-era Supreme Court precedents...
Topics
Full Disclosure: The Unitary Executive Theory’s Recent Cameo at Supreme Court Oral Argument in a FOIA Case
The Federalist Society is pleased to announce its Student Blog Initiative, a project of the...
Topics
Life After Seila Law: The Emerging Presidential Removal Power Docket at the Supreme Court
The Federalist Society is pleased to announce its Student Blog Initiative, a project of the...
“Better Than Nothing”: Supreme Court in Mazars Devises a New Four-Factor Test for Congressional Subpoenas of a President’s Personal Documents
On July 9, 2020, the Supreme Court delivered its long-awaited opinions in two cases concerning...