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The Future of the Duty to Engage in Reasoned Decision-Making

The Future of the Duty to Engage in Reasoned Decision-Making

The Supreme Court should continue to apply a strong version of the duty to engage in reasoned decision-making

The Administrative State at a Crossroads

The Administrative State at a Crossroads

Aaron Nielson discusses the forces driving changes in the administrative state.

The Case Against Rollback Exceptionalism

The Case Against Rollback Exceptionalism

OMB’s recent memo fails to make a successful case for deregulation.

Delegated Discretion is the New Deference

Delegated Discretion is the New Deference

Scholar suggests that recent shifts in administrative law will matter less than critics fear and supporters hope.

Regulating in the Name of Public Health

Regulating in the Name of Public Health

Mitch Zeller discusses the challenges of regulating to protect the public’s best interest.

The Unsettling of Notice and Comment

The Unsettling of Notice and Comment

The Trump Administration has invoked recent Supreme Court decisions to justify unraveling normal rulemaking procedures.

Administrative Deference and Regulatory Consistency

Administrative Deference and Regulatory Consistency

The end of deference to agency statutory interpretations will result in regulatory inconsistency.

Legislative Primacy

Legislative Primacy

President Trump’s recent executive orders challenge Congress’s role in creating policy.

Judicial Constraints on Agency Action

Judicial Constraints on Agency Action

Christopher J. Walker discusses how developments in administrative law doctrines could constrain agency action.

Court-Proofing the Administrative State

Court-Proofing the Administrative State

Recent Supreme Court rulings create the need to insulate administrative decisions from judicial review.

Chevron Is Dead–But Agency Deference Might Not Be

Chevron Is Dead–But Agency Deference Might Not Be

A Penn Program on Regulation panel addresses the implications of overturning the Chevron doctrine.

A Legal Earthquake

A Legal Earthquake

With several key decisions this term, the Supreme Court has shaken up prevailing governing doctrines and produced substantial legal uncertainty.