Daniel Deacon’s recent post and his essay in the Administrative Law Review raise several interesting – and potentially concerning, which is not to say wrong – points. Importantly, even though the vagaries of publication mean that his essay focuses on the FCC’s use of Section 706 to implement its Open Internet rules, whereas the FCC […]

Daniel Deacon’s recent Notice & Comment post does a nice job of laying out the legal basis that will likely be used by FCC Chairman Wheeler’s proposed Open Internet (a/k/a net neutrality) rules. And his analysis of this legal basis reflects conventional wisdom. He is right that it is reasonably likely that the courts will […]

Last month Professor Tribe filed comments with the EPA and wrote in the Wall Street Journal to argue that the EPA’s new Clean Power Plan rules are unconstitutional. I would like to expand upon and generalize his concerns. The basic issue – that the agency is asserting newfound and broad regulatory power based on general […]