Judicial deference

Threatening Chevron Deference Threatens Government as a Whole

Threatening Chevron Deference Threatens Government as a Whole

Scholar argues that overruling deference to agencies will constrain U.S. government action.

Rejecting Two-Faced Explanations by Agencies

Rejecting Two-Faced Explanations by Agencies

Scholar argues that recent Supreme Court decisions create a new vision of agency accountability to the public.

Regulatory Comments and the Major Questions Doctrine

Regulatory Comments and the Major Questions Doctrine

Courts should not rely on the number of public comments to assess the legality of regulations.

Regulatory Reactivity in FDA’s Approval of Aduhelm

Regulatory Reactivity in FDA’s Approval of Aduhelm

A controversial approval of an Alzheimer’s treatment reveals a core weakness in oversight of agency discretion.

The Trump Administration’s Weaponization of the “Major Questions” Doctrine

The Trump Administration’s Weaponization of the “Major Questions” Doctrine

Deregulatory attacks have twisted a legal concept meant only to restrain extraordinary actions.

Continuous Judicial Review in Coronavirus Times

Continuous Judicial Review in Coronavirus Times

The Israeli judiciary exerts oversight and influence over the executive’s COVID-19 response.

Judicial Deference to Agencies’ Decisions in Brazil and the United States

Judicial Deference to Agencies’ Decisions in Brazil and the United States

American doctrines of judicial review may provide useful models for Brazilian courts.