An Article I Body to Issue Declaratory Advisory Opinions on Competitor Challenges to Tax Regulations
Lily Ting Hsu 89 Geo. Wash. L. Rev. 1333 Caselaw demonstrates that Article III courts are unwilling to entertain claims brought by... Read More
Promises Unfulfilled: Did the Trump Administration Substantially Change the Administrative State?
Amy Orlov 89 Geo. Wash. L. Rev. 1306 In 2019, Professors Robert L. Glicksman and Emily Hammond of The George Washington University... Read More
Delegating and Regulating the President’s Section 232 and IEEPA Trade Powers
Jacob Reiskin 89 Geo. Wash. L. Rev. 1280 Congress has provided the President extraordinary authority to enact emergency trade remedies. Throughout the... Read More
Permissible Derogation: The Common Law and Agency Interpretations Under Chevron
Jalen LaRubbio 89 Geo. Wash. L. Rev. 1261 The common law has undergirded American society since the founding. In recent decades, however,... Read More
Remand and Dialogue in Administrative Law
Christopher J. Walker & James R. Saywell 89 Geo. Wash. L. Rev. 1198 A bedrock principle of administrative law is that when... Read More
How Chevron Deference Fits into Article III
Kent Barnett 89 Geo. Wash. L. Rev. 1143 U.S. Supreme Court Justices Clarence Thomas and Neil Gorsuch, along with Professor Philip Hamburger,... Read More
Nondelegation as Constitutional Symbolism
Kristin E. Hickman 89 Geo. Wash. L. Rev. 1079 The divided Supreme Court in Gundy v. United States and subsequent events have... Read More
Administrative Law’s Shadow
Jacob E. Gersen 88 Geo. Wash. L. Rev. 1071 This Essay explores the shadow of administrative law. A good deal of government... Read More
The “Ambiguity” Fallacy
Ryan D. Doerfler 88 Geo. Wash. L. Rev. 1110 This Essay considers a popular, deceptively simple argument against the lawfulness of Chevron.... Read More