The Administrative Procedure Act’s Stay Provision: Bypassing Scylla and Charybdis of Preliminary Injunctions
Frank Chang 85 Geo. Wash. L. Rev. 1529 Federal courts draw much attention by sweepingly blocking many agency actions with preliminary injunctions.... Read More
Arbitrary and Capricious Cost-(Non)Consideration After Michigan v. EPA
Karmina Caragan 85 Geo. Wash. L. Rev. 1514 Initially, Supreme Court decisions suggested a presumption that, absent affirmative congressional intent, agencies should... Read More
Confusion in the Circuit Courts: How the Circuit Courts Are Solving the Mead-Puzzle by Avoiding It Altogether
Daniel S. Brookins 85 Geo. Wash. L. Rev. 1484 Chevron deference is possibly the most discussed legal issue in recent history. Despite... Read More
The Constitutionality of SEC Administrative Law Judges: Exploring Hill v. SEC
Maxwell Weiss · 84 Geo. Wash. L. Rev. 1407 · There has recently been a series of challenges to the U.S. Securities and Exchange... Read More
Disclosure, Eventually: A Proposal to Limit the Indefinite Exemption of Federal Agency Memoranda from Release Under the Freedom of Information Act
Kyle Singhal · 84 Geo. Wash. L. Rev. 1388 · On June 30, 2016, President Barack Obama signed into law the FOIA Improvement Act... Read More
In Defense of Churches: Can the IRS Limit Tax Abuse by “Church” Impostors?
Lidiya Mishchenko · 84 Geo. Wash. L. Rev. 1361 · A large gap in our Tax Code allows certain religious organizations to amass extraordinary... Read More
Using Interpretive Methodology to Get Out from Seminole Rock and a Hard Place
Matthew Mezger · 84 Geo. Wash. L. Rev. 1335 · Though not directly at issue in Perez v. Mortgage Bankers Association, several of the... Read More
Revisiting the Public Rights Doctrine: Justice Thomas’s Application of Originalism to Administrative Law
Laura Ferguson · 84 Geo. Wash. L. Rev. 1315 · Administrative agencies today adjudicate vastly more disputes than do Article III courts. The constitutional... Read More
The Future of Deference
Richard J. Pierce, Jr. · 84 Geo. Wash. L. Rev. 1293 · In this Essay, Professor Richard Pierce describes the history of the deference... Read More