The Misuse of History to Undercut the Modern Regulatory State
Originalist arguments for rewriting administrative law are weaker than they seem.
An Early History of Rulemaking Power
Scholar investigates an early exercise of federal administrative power that mirrors modern agency rulemaking.
Delegation’s Critics Should Be Careful What They Wish For
The history of the intelligible principle test warrants caution in reviving the nondelegation doctrine.
Who Gets to Define the Crime?
A case challenging sex offender registration could revive the long-slumbering nondelegation doctrine.
The Travel Ban in Court
The Supreme Court should follow the Fourth Circuit in prohibiting impermissible animus while maintaining the President’s discretion.
Combatting External and Internal Regulatory Capture
External and internal capture may be reduced through a more logical division of labor between Congress and agencies.
The Problem with Delegation
Legal scholar argues that delegation poses a threat to the separation of powers.
A Libertarian Bias in the D.C. Circuit’s Administrative Law
Scholars say the Supreme Court should rebuke the lower court’s ideologically influenced decisions.