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2 Apr 2024, 7:19 pm by Guest Author
Eli Nachmany defines three types of agency expertise that populate the Chevron caselaw and argues that the court should look for interpretive expertise when considering whether an agency’s interpretation merits special weight. [read post]
29 Feb 2024, 10:56 am by Christopher J. Walker
 by Jaden Lessnick Remedies and Incentives in Presidential Removal Cases by Eli Nachmany (133 Yale Law Journal Forum 305 (2023)) The Myth of the Federal Private Nondelegation Doctrine by Alexander Volokh (99 Notre Dame Law Review 203 (2023)) For more on why SSRN and this eJournal are such terrific resources for administrative law scholars and practitioners, check out my first post on the subject here. [read post]
14 Aug 2023, 5:36 am by Guest Author
This is Volume IV of the major questions doctrine (“MQD”) reading list. [read post]
23 Jul 2023, 4:40 pm by Christopher J. Walker
Pildes (University of Chicago Law Forum Forthcoming)  Offices and Officers of the Constitution, Part III: The Appointments, Impeachment, Commissions, and Oath or Affirmation Clauses by Seth Barrett Tillman & Josh Blackman (62 South Texas Law Review 349 (2023)) Bill of Rights Nondelegation by Eli Nachmany (49 Brigham Young University Law Review forthcoming) The Death of Administrative… [read post]
7 Jun 2023, 3:48 pm by Christopher J. Walker
Aaron (Yale Journal of Health Policy, Law, and Ethics forthcoming) Bill of Rights Nondelegation by Eli Nachmany (49 Brigham Young University Law Review forthcoming) The Anti-Democratic Major Questions Doctrine by Jody Freeman and Matthew Stephenson (Supreme Court Review forthcoming) For more on why SSRN and this eJournal are such terrific resources for administrative law scholars and practitioners, check out my first post on the subject here. [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]
25 Apr 2023, 12:25 pm by Lawrence Solum
Eli Nachmany has posted Bill of Rights Nondelegation (49 BYU L. [read post]
2 Feb 2023, 3:30 am by Eli Nachmany
Eli Nachmany A couple of decades ago, Oakland Athletics general manager Billy Beane revolutionized baseball. [read post]
26 Dec 2022, 9:05 pm by Series of Essays
Walmart Threads the Needle on Separation-of-Powers Remedies October 3, 2022 | Eli Nachmany Walmart challenges the constitutionality of the FTC’s power to seek monetary or injunctive relief. [read post]
23 Dec 2022, 4:00 am by Elaine Hou
Hickman There Are Three Major Questions Doctrines, by Eli Nachmany Chevron’s Latest Step, by Nicholas Bednar Antitrust Concerns on Firing U.S. [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]
16 Jul 2022, 8:17 pm by Guest Author
The Supreme Court ended its most recent term with a slew of blockbuster decisions, one of which was West Virginia v. [read post]
31 Dec 2021, 9:30 pm by Karen Tani
" Over at Notice & Comment, the blog of the Yale Journal on Regulation and ABA Section of Administrative Law & Regulatory Practice, Eli Nachmany, a J.D. candidate at the Harvard Law School, has posted Evaluating the History of D.C. [read post]
30 Sep 2021, 3:30 am by Eli Nachmany
Eli Nachmany This summer, Dædalus, the Journal of the American Academy of the Arts and Sciences, turned its focus to public administration and the regulatory state. [read post]
22 Oct 2020, 10:49 am by Anna Salvatore
Eli Nachmany explains how the government has taken actions to address vulnerabilities in key rare mineral supply chains. [read post]
7 Oct 2020, 3:30 am by Eli Nachmany
Eli Nachmany A riveting originalist debate over the nondelegation doctrine is currently playing out in the legal academy. [read post]
17 Mar 2020, 10:42 am by Tom Smith
Eli Nachmany and Jacob Richards, first-year students who helped develop a petition asking HLS for right-of-center clinics including a religious freedom clinic, declined to comment. [read post]