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
Aaron Nielson discusses the forces driving changes in the administrative state.
The Case Against Rollback Exceptionalism
OMB’s recent memo fails to make a successful case for deregulation.
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
Mitch Zeller discusses the challenges of regulating to protect the public’s best interest.
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
The end of deference to agency statutory interpretations will result in regulatory inconsistency.
Legislative Primacy
President Trump’s recent executive orders challenge Congress’s role in creating policy.
Judicial Constraints on Agency Action
Christopher J. Walker discusses how developments in administrative law doctrines could constrain agency action.
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
A Penn Program on Regulation panel addresses the implications of overturning the Chevron doctrine.
A Legal Earthquake
With several key decisions this term, the Supreme Court has shaken up prevailing governing doctrines and produced substantial legal uncertainty.











