Gundy, Nondelegation, and Never-Ending Hope
The intelligible principle standard lives to see another day—but for how long remains unclear.
The Empty Case for Overruling Auer Deference
Contrary to criticisms, Auer deference does not encourage agencies to self-delegate.
Reining in Technocracy to Increase Democratic Legitimacy
Reducing the power of technocrats will strengthen democratic legitimacy and political stability.
Voters’ Distrust of Legislators Drives Agency Lawmaking
Does Congress delegate its authority to gain credibility with the public?
Holding Congress Accountable
A New Deal-era proposal would produce more effective, less burdensome regulation.
Courts Regulating the Regulators
Recent cases and proposed legislation reveal decreasing deference to agencies’ interpretation of their own regulations.
The Problem with Delegation
Legal scholar argues that delegation poses a threat to the separation of powers.
The Administrative State and the Optimal Abuse of Power
A state built to prevent all abuses of power would perform poorly.