Jul 24 2018 Topics Administrative Law & Regulation • Constitution • Federalism & Separation of Powers Blog Post News The ALJ Executive Order: A Modest Step Towards Re-Integrating the Executive Branch Joel S. Nolette “Our Constitution was adopted to enable the people to govern themselves, through their elected leaders....
Jul 13 2021 Topics Administrative Law & Regulation Blog Post News Separate Payments for Abortion Services and Other Changes in HHS’s Proposed Insurance Regulations Rachel N. Morrison On June 28, 2021, the U.S. Department of Health and Human Services (HHS) (along with...
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,...
Aug 27 2018 Topics Healthcare Blog Post State Courts & AGs State AG Watch: Five States Win $839 Million Obamacare Lawsuit Kenneth A. Klukowski Texas Attorney General Ken Paxton is leading a five-state coalition that on Thursday won an...
Sep 24 2018 Publication Federalist Society Review Can Americans Reconcile Our Constitutional System With an Expansive Administrative State? Ted Hirt Federalist Society Review, Volume 19 A review of: Bureaucracy in America: The Administrative State’s Challenge to Constitutional Government, by Joseph...
Oct 2 2018 Topics Property Law • State Courts • Environmental Law & Property Rights Blog Post State Courts & AGs Docket Watch: Herr v. U.S. Forest Service Christian Corrigan On Monday, the U.S. Supreme Court denied certiorari in SWC, LLC v. Herr, ending a...
Oct 11 2018 Publication Federalist Society Review Deference to Agency Rule Interpretations: Problems of Expanding Constitutionally Questionable Authority in the Administrative State Ronald A. Cass Federalist Society Review, Volume 19 Note from the Editor: This article argues that, while judicial deference to agency decisions is...
Nov 29 2021 Publication Federalist Society Review A Change in Direction for the Federal Trade Commission? Lawrence J. Spiwak Federalist Society Review, Volume 22 While antitrust and regulation are supposed to be two sides of the same coin,[1] there...
Dec 13 2021 Podcast Event Videos Administrative Inquisitions? How Agencies Initiate, Conduct, and Conclude Investigations Tyler S. Clarkson, Aram A. Gavoor, James C. Ho, Richard J. Pierce, Susan C. Rodriguez 2021 National Lawyers Convention The 2021 National Lawyers Convention took place November 11-13, 2021 at the Mayflower Hotel in...
Nov 9 2018 Topics Criminal Law & Procedure • International & National Security Law Blog Post News Ninth Circuit Attempts to Moot Rule 11 Petition by Deciding DACA Appeal Kenneth A. Klukowski Updating an earlier post regarding Solicitor General Noel Francisco’s petition for certiorari before judgment in...
Topics
The ALJ Executive Order: A Modest Step Towards Re-Integrating the Executive Branch
“Our Constitution was adopted to enable the people to govern themselves, through their elected leaders....
Topics
Separate Payments for Abortion Services and Other Changes in HHS’s Proposed Insurance Regulations
On June 28, 2021, the U.S. Department of Health and Human Services (HHS) (along with...
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
State AG Watch: Five States Win $839 Million Obamacare Lawsuit
Texas Attorney General Ken Paxton is leading a five-state coalition that on Thursday won an...
Can Americans Reconcile Our Constitutional System With an Expansive Administrative State?
Ted Hirt
Federalist Society Review, Volume 19
A review of: Bureaucracy in America: The Administrative State’s Challenge to Constitutional Government, by Joseph...
Topics
Docket Watch: Herr v. U.S. Forest Service
On Monday, the U.S. Supreme Court denied certiorari in SWC, LLC v. Herr, ending a...
Deference to Agency Rule Interpretations: Problems of Expanding Constitutionally Questionable Authority in the Administrative State
Ronald A. Cass
Federalist Society Review, Volume 19
Note from the Editor: This article argues that, while judicial deference to agency decisions is...
A Change in Direction for the Federal Trade Commission?
Lawrence J. Spiwak
Federalist Society Review, Volume 22
While antitrust and regulation are supposed to be two sides of the same coin,[1] there...
Administrative Inquisitions? How Agencies Initiate, Conduct, and Conclude Investigations
Tyler S. Clarkson, Aram A. Gavoor, James C. Ho, Richard J. Pierce, Susan C. Rodriguez
2021 National Lawyers Convention
The 2021 National Lawyers Convention took place November 11-13, 2021 at the Mayflower Hotel in...
Topics
Ninth Circuit Attempts to Moot Rule 11 Petition by Deciding DACA Appeal
Updating an earlier post regarding Solicitor General Noel Francisco’s petition for certiorari before judgment in...