Arriving in New York City, you might take the Van Wyck Expressway past the Jackie Robinson Parkway on your way from JFK airport. Or you might cross the Kościuszko Bridge as you travel from LaGuardia airport. Or you might take the George Washington Bridge to the Major Deegan Expressway. Or, you might use the Goethals […]

As we honor Dr. Martin Luther King, Jr. and we look toward Black History Month, we are reminded that we all have a role to play in making a more just society.  As Dr. King wrote from the Birmingham, Alabama jail, “Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, […]

It’s no secret that today’s Supreme Court is not a fan of Humphrey’s Executor. Especially read together, Free Enterprise Fund, Seila Law, and Collins strongly hint that the Court’s support for Humphrey’s Executor rests on stare decisis alone. Indeed, Seila Law construes Humphrey’s Executor‘s holding so narrowly that — at least if Seila Law is […]

When we restarted D.C. Circuit Review–Reviewed in 2021, Aimee Brown — a younger lawyer with lots of smarts and gumption — was a key part of our team. Last year, Aimee left the group to move into government service. I’m pleased to see that she has reemerged. Indeed: Although Aimee has gone on to grander […]

Debates and scholarship over what the major questions doctrine is—and what it will mean for administrative law—have proliferated since the Supreme Court’s decisions in Alabama Realtors v. HHS, NFIB v. OSHA, and West Virginia v. EPA. The Association of American Law Schools (AALS) annual meeting last week was no exception, with multiple panels on the […]

Last week at the annual meeting of the Association of American Law Schools (AALS) in San Diego, the Federalist Society hosted its annual faculty division debate, this year on whether the major questions doctrine has no place in statutory interpretation. I had the privilege of moderating, which was a lot of fun. Here’s the video […]

Delivered today at the Symposium on Central Bank Independence, Sveriges Riksbank, Stockholm, Sweden, and posted in full here: I will address three main points. First, the Federal Reserve’s monetary policy independence is an important and broadly supported institutional arrangement that has served the American public well. Second, the Fed must continuously earn that independence by […]

Donald L.R. Goodson’s excellent response to my recent piece on the circuits’ application of Chevron argues that it is up to the Supreme Court to overrule Chevron, not lower courts. It is true, of course, that only the Supreme Court can overrule its precedents, and only the Supreme Court can overrule Chevron. But there are […]

It’s a new year, and we have a first with the SSRN Administrative Law Reading List series: There are only *seven* papers in the normal top ten. Weird. Maybe Professor Sohoni’s amazing paper on the major question doctrine counts as four papers? In all events, here is the December 2022 Edition of the most-downloaded recent […]

The Federal Trade Commission (“FTC”) is in the news for a recent Notice of Proposed Rulemaking (“NPRM”) that would outlaw non-compete agreements. The FTC on Thursday proposed a new regulation, deeming it “an unfair method of competition for an employer to enter into or attempt to enter into a non-compete clause with a worker; maintain […]

December 11, 2022, marked the centennial of the U.S. Supreme Court’s landmark regulatory takings decision—Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 (1922). Readers familiar with land-use law are likely well-acquainted with the case most often identified as the beginning of the “regulatory takings” doctrine. But it takes some digging to fully appreciate Pennsylvania Coal’s consequential—though […]