Nondelegation

Delegation’s Critics Should Be Careful What They Wish For

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?

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 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

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

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

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.