Category Administrative Law

New on SSRN: Justifying Delay: Why Agencies Delay Compliance Dates and How They Do It

I have posted my latest article, Justify Delay: Why Agencies Delay Compliance Dates and How They Do It, to SSRN.  This article was presented at the Journal of Regulatory Compliance’s 2018 symposium. Every administration since President Reagan has used compliance delays to postpone the implementation of midnight rules promulgated by the outgoing administration. Recent cases involving […]

Notice & Comment: Coping with Chevron: Justice Gorsuch’s Majority and Justice Breyer’s Dissent in SAS Institute

Yesterday, I made my debut on Yale Journal on Regulation: Notice & Comment.  The Post discusses the Supreme Court’s recent opinion in SAS Institute Inc. v. Iancu and the views of Chevron represented in that opinion. Neither Justice Breyer nor Justice Gorsuch are fond of the “mandatory,” two-step approach to Chevron. Shortly after the D.C. Circuit molded the two-step […]

Prof. Adrian Vermeule Discusses Chevron’s Inevitability on Jotwell

Professor Adrian Vermeule has recently published a review on Jotwell of Professor Kristin Hickman and I’s forthcoming article, Chevron‘s Inevitability. We are delighted to have received such praise from Professor Vermeule.  Chevron‘s Inevitability will be published with George Washington Law Review in a few weeks. Until then, please read Professor Vermeule’s thoughtful remarks on our contribution: Chevron deference […]

The Clear-Statement Chevron Canon, 66 DePaul L. Rev. 819 (2017)

My latest article, The Clear-Statement Chevron Canon, has been published in De Paul Law Review. Abstract As Chevron has fallen into disfavor with some, judges and scholars have begun searching for alternative formulations of administrative law’s favorite deference doctrine. Some judges have embraced Matthew Stephenson and Adrian Vermeule’s One-Step Chevron. But One-Step Chevron’s theoretical foundations lack practical […]

New on SSRN: Chevron’s Inevitability (with Kristin Hickman)

Professor Kristin Hickman  of the University of Minnesota Law School and I have posted our latest article, Chevron’s Inevitability, to SSRN.  Kristin presented this article at the 2016 ABA Administrative Law Conference.  The Article is forthcoming (very soon) in George Washington Law Review. Abstract For over thirty years, Chevron deference has been the target of criticism. Now, some […]