Originalist arguments for rewriting administrative law are weaker than they seem.
Scholar investigates an early exercise of federal administrative power that mirrors modern agency rulemaking.
The history of the intelligible principle test warrants caution in reviving the nondelegation doctrine.
A case challenging sex offender registration could revive the long-slumbering nondelegation doctrine.
The Supreme Court should follow the Fourth Circuit in prohibiting impermissible animus while maintaining the President’s discretion.
External and internal capture may be reduced through a more logical division of labor between Congress and agencies.
Legal scholar argues that delegation poses a threat to the separation of powers.
Scholars say the Supreme Court should rebuke the lower court’s ideologically influenced decisions.