Rethinking Auer Deference: Agency Regulations and Due Process Notice
Derek A. Woodman · October 2014 82 GEO. WASH. L. REV. 1721 (2014) Since 1945, the Supreme Court has struggled to determine the level... Read More
Changing the D.C. Circuit’s Approach to Changes in Interpretive Rules
Rebecca Wernicke · October 2014 82 GEO. WASH. L. REV. 1699 (2014) In Mortgage Bankers Ass’n v. Harris, the D.C. Circuit applied a disfa-... Read More
Requiring Meaning for the Affordable Care Act’s Prohibition on Annual Limits
Matthew Thrasher · October 2014 82 GEO. WASH. L. REV. 1674 (2014) The Patient Protection and Affordable Care Act, commonly known as “Obamacare,” includes... Read More
Science in the Modern Administrative State: Examining Peer Review Panels and the Federal Advisory Committee Act
Gregory Morrison · October 2014 82 GEO. WASH. L. REV. 1654 (2014) The use of science is integral to the modern administrative state. Scientific... Read More
Presidential Influence Over Agency Rulemaking Through Regulatory Review
Peter Ketcham-Colwill · October 2014 82 GEO. WASH. L. REV. 1622 (2014) Under Executive Order 12,866, the Office of Information and Regulatory Affairs... Read More
The Ordinary Remand Rule and the Judicial Toolbox for Agency Dialogue
Christopher J. Walker · October 2014 82 GEO. WASH. L. REV. 1553 (2014) When a court concludes that an agency’s decision is erroneous, the... Read More
Administrative War
Mariano-Florentino Cuéllar · October 2014 82 GEO. WASH. L. REV. 1343 (2014) This Article takes up an issue with major implications for American administrative... Read More
Chevron and Legislative History
John F. Manning · October 2014 82 GEO. WASH. L. REV. 1517 (2014) The Court’s decision in Chevron U.S.A. Inc. v. Natural Resources Defense... Read More
Why Who Does What Matters: Governmental Design and Agency Performance
David A. Hyman & William E. Kovacic · October 2014 82 GEO. WASH. L. REV. 1446 (2014) How should the federal government be organized—and... Read More