Now showing items 1-2 of 2
Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the Hard Look
(Notre Dame Law Review, 2016)
Designing procedures for legislative rulemaking, a dominant feature of modern governance, has spawned one of the most contentious debates in all of administrative law. Compounding the stakes, over the last fifty years, the ...
Abandon Chevron and Modernize Stare Decisis for the Administrative State
(Alabama Law Review, 2017)
Critics including Justices Gorsuch and Thomas have recently condemned the Chevron doctrine, which requires courts to defer to an agency’s reasonable construction of a statute that it administers, for undermining separation ...