Notice & Comment

AdLaw Bridge Series

Notice & Comment

Response to Jeff Pojanowski on Delegation and Complexity in Administrative Law

In Jeff’s post last Thursday, he makes the following observation about the continuing role of the nondelegation doctrine in administrative law: Would it make sense, for example, to trade a more vigorously enforceable non-delegation doctrine in exchange for radically lightened notice-and-comment procedural requirements, less monitoring of the use of non-legislative rules, more simplified judicial review […]

Notice & Comment

Pozen on Separation of Powers and Self-Help Countermeasures (AdLaw Bridge Series)

Perhaps due in part to a hopelessly gridlocked Congress, we live in an era of executive discretion. The White House has delayed the Affordable Care Act’s employer mandate. The Department of Homeland Security has announced that it will stop deporting certain noncitizens who are currently required to be removed by statute and refocus its efforts […]