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31 Dec 2023, 4:34 pm by Christopher J. Walker
Here is the rundown (in chronological order) with links to the reviews and the underlying papers: Mila Sohoni, Form And Substance In The New Major Questions Doctrine, JOTWELL (January 12, 2023) (reviewing Daniel Deacon & Leah Litman, The New Major Questions Doctrine, 109 Virginia L. [read post]
14 Aug 2023, 5:36 am by Guest Author
Daniel Deacon & Leah Litman, The New Major Questions Doctrine, 109 Va. [read post]
25 May 2023, 1:30 pm by Daniel Deacon
. ​Daniel Deacon is an assistant professor of law at the University of Michigan Law School. [read post]
9 May 2023, 8:35 am by Christopher J. Walker
PRESENTERS & COMMENTERS Cristina Isabel Ceballos, Curbing the President’s Power Over Criminal Administrative LawCommenter: Peter Strauss Elena Chachko, Toward Regulatory Protectionism: The International Elements of Agency PowerCommenter: Michael Sant’Ambrogio Emily Chertoff, Systemic Agency Enforcement ChallengesCommenter: Glen Staszewski Lunch Time Speaker:Kathleen Claussen (co-author Kristin Blankely), Alternative Adjudication Dan… [read post]
3 Mar 2023, 10:59 am by Guest Author
 Daniel Deacon and Leah Litman have criticized the “new” major questions doctrine’s reliance on political controversy as a sign of a major question, contending that it will empower political minorities to amend enacted legislation granting broad statutory authority de facto. [read post]
12 Jan 2023, 3:30 am by Mila Sohoni
Daniel Deacon & Leah Litman, The New Major Questions Doctrine, 109 Virginia L. [read post]
7 Nov 2022, 7:19 am by Guest Author
Chris Walker had the great idea to assemble a bibliography on the major questions doctrine (MQD) so that we can have a one-stop shop for all things MQD. [read post]
22 Sep 2022, 9:29 am by Christopher J. Walker
LemleyThe New Major Questions Doctrine by Leah Litman & Daniel Deacon (Virginia Law Review forthcoming)Delegation at the Founding: A Response to the Critics by Julian Davis Mortenson & Nicholas Bagley (Columbia Law Review forthcoming)Testing Textualism’s ‘Ordinary Meaning’ by Tara Leigh Grove (90 George Washington Law Review 101 (2022))The National Security Consequences of the Major Questions Doctrine by Timothy Meyer & Ganesh Sitaraman (122 Michigan… [read post]
26 Jul 2022, 8:55 am by Lawrence Solum
Daniel Deacon (University of Michigan Law School) & Leah Litman (University of Michigan Law School) have posted The New Major Questions Doctrine on SSRN. [read post]
21 Jul 2022, 9:05 pm by Bryn Hines
In a draft article, Leah Litman, assistant professor of law at the University of Michigan Law School, and Daniel Deacon, a lecturer at the University of Michigan Law School, argued that the Supreme Court has interpreted the major questions doctrine as requiring explicit congressional authorization of agency policies, regardless of the plain meaning of the applicable statute. [read post]
25 Jun 2020, 7:00 am by Guest Blogger
I’m inclined to agree with Daniel Deacon that this “little bit wrong” rule is unsound. [read post]
29 Sep 2016, 3:30 am by Eric B. Meyer
A Workplace Law Preview” from Fisher & Phillips “In Focus: Clinton, Trump Spar over Jobs in First Debate” by SHRM’s Dana Wilkie and Allen Smith “Hillary, or The Donald: A voting guide for employers” by Employment & Labor Insider‘s Robin Shea “Debate Cheat Sheet: Donald Trump and Hillary Clinton on the Economy” by The Wall Street Journal‘s Nick Timiraos and Richard Rubin “The Impact of the 2016 Presidential Election… [read post]
29 Sep 2016, 3:30 am by Eric B. Meyer
A Workplace Law Preview” from Fisher & Phillips “In Focus: Clinton, Trump Spar over Jobs in First Debate” by SHRM’s Dana Wilkie and Allen Smith “Hillary, or The Donald: A voting guide for employers” by Employment & Labor Insider‘s Robin Shea “Debate Cheat Sheet: Donald Trump and Hillary Clinton on the Economy” by The Wall Street Journal‘s Nick Timiraos and Richard Rubin “The Impact of the 2016 Presidential Election… [read post]