Apr 1 2019 Podcast RTP's Fourth Branch Podcast Deep Dive Episode 40 – Kisor v. Wilkie Karen Harned, Stephen Alexander Vaden, Andrew R. Varcoe On Wednesday, March 27th, the Supreme Court heard oral argument in Kisor v. Wilkie. The...
Sep 30 2011 Publication Overtime Exemption Litigation Targets the Pharmaceutical Industry Brent D. Knight, Michelle G. Marks Class Action Watch September 2011 In the last several years, pharmaceutical companies have been targeted by the plaintiffs’ bar for...
Aug 22 2017 Topics Administrative Law & Regulation Blog Post News Overturning Auer Deference Bryan Weir In conjunction with the Supreme Court Clinic at Antonin Scalia Law School, Garco Construction, Inc....
Feb 3 2021 Publication Federalist Society Review Bureaucracy With Bumper Guards: Better Than It Rules? Ronald A. Cass Federalist Society Review, Volume 22 A review of Law & Leviathan: Redeeming the Administrative State, by Cass Sunstein & Adrian...
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...
Apr 30 2018 Topics Telecommunications & Electronic Media Blog Post News SCOTUS Has A Great Opportunity to Constrain the Regulatory State in SNR Wireless v. FCC Lawrence J. Spiwak As Chief Justice Roberts noted in his dissent in City of Arlington, Texas v. FCC,...
May 8 2018 Podcast FedSoc Forums Deference Doctrines and the Clean Water Act Jonathan H. Adler, Timothy Bishop Environmental Law & Property Rights Practice Group, Administrative Law & Regulation Practice Group, and Regulatory Transparency Project Recently, Justices of the Supreme Court have called the Court’s deference jurisprudence into significant question....
Mar 3 2016 Topics Federalism & Separation of Powers Blog Post News Enough Is Enough: Justice Scalia, Auer Deference, and Judicial Duty Evan D. Bernick It is one of the most fundamental principles of Anglo-American law: No person may be...
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...
Deep Dive Episode 40 – Kisor v. Wilkie
Karen Harned, Stephen Alexander Vaden, Andrew R. Varcoe
On Wednesday, March 27th, the Supreme Court heard oral argument in Kisor v. Wilkie. The...
Overtime Exemption Litigation Targets the Pharmaceutical Industry
Brent D. Knight, Michelle G. Marks
Class Action Watch September 2011
In the last several years, pharmaceutical companies have been targeted by the plaintiffs’ bar for...
Topics
Overturning Auer Deference
In conjunction with the Supreme Court Clinic at Antonin Scalia Law School, Garco Construction, Inc....
Bureaucracy With Bumper Guards: Better Than It Rules?
Ronald A. Cass
Federalist Society Review, Volume 22
A review of Law & Leviathan: Redeeming the Administrative State, by Cass Sunstein & Adrian...
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...
Topics
SCOTUS Has A Great Opportunity to Constrain the Regulatory State in SNR Wireless v. FCC
As Chief Justice Roberts noted in his dissent in City of Arlington, Texas v. FCC,...
Deference Doctrines and the Clean Water Act
Jonathan H. Adler, Timothy Bishop
Environmental Law & Property Rights Practice Group, Administrative Law & Regulation Practice Group, and Regulatory Transparency Project
Recently, Justices of the Supreme Court have called the Court’s deference jurisprudence into significant question....
Topics
Enough Is Enough: Justice Scalia, Auer Deference, and Judicial Duty
It is one of the most fundamental principles of Anglo-American law: No person may be...
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...