Yale Journal on

Regulation

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A Journal of the Yale Law School

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Abstracts

Latest Post on Notice & Comment

Michigan v. EPA’s Impact on Cost-Benefit Requirements, by Connor Raso
JREG Notice and Comment - Tuesday, June 30, 2015

In Michigan v. EPA, the Supreme Court invalidated an EPA rule regulating power plant emissions of mercury and other pollutants. This post discusses the decision’s potential impact on cost-benefit jurisprudence generally.   Read more...

Can Vermont ask its employers about health-care prices?, by Nicholas Bagley
JREG Notice and Comment - Tuesday, June 30, 2015

It was easy to overlook in the hubbub over the end-of-term cases, but the Supreme Court yesterday morning agreed to hear Gobeille v. Liberty Mutual, a case with significant implications for the states’ authority over the health-care sector.   Read more...

Deference’s Discontents, by Jeffrey Pojanowski
JREG Notice and Comment - Tuesday, June 30, 2015

I’d like to chip in with some quick thoughts on recent, skeptical rumblings in the Court about deference to administrative agencies. What interests me most here is not the arguments separate Justices are making against deference—they are not new to administrative law thinking, though their return to judicial discussion is more novel. Rather, I’m wondering why they are starting to appear with frequency. As counterintuitive as it might sound, I think part of the reason why the Court is more hesitant to recognize agencies’ lawmaking power is Congress’ unwillingness to exercise its own.   Read more...

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