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[Eugene Volokh] Prof. Thomas Merrill on "The Chevron Argument: Ambiguity Versus Delegation"

25 Jan 2024, 5:01 am by Eugene Volokh

Finally, the petitioners made much of the Court's 2005 decision in National Cable & Telecommunications Association v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

What Do Cancelling Student Loan Debt and Banning Noncompetes Have in Common? The Supreme Court’s Recent Student Loan Decision May Reveal How it Would Rule on the FTC’s Proposed Noncompete Ban

5 Jul 2023, 6:56 am by Erik W. Weibust

Brown & Williamson Tobacco Corp., 529 U. [read post]

Trade Secrets and Noncompete Blog - http://www.tradesecretsnoncompetelaw.com/

[Josh Blackman] Biden v. Nebraska and the DACA Litigation

4 Jul 2023, 11:38 pm by Josh Blackman

Brown & Williamson Tobacco Corp., 529 U.S. 120, 133–35 (2000). [read post]

The Volokh Conspiracy - http://www.volokh.com/

Economic and Political Significance Isn’t Enough: Properly Limiting the Major Questions Doctrine to “Extraordinary” Cases, by Brianne Gorod, Brian Frazelle, and Alex Rowell

18 Apr 2023, 6:52 am by Jacob Wirz

Brown and Williamson Tobacco Corp., a key case in the doctrine’s lineage that rejected the FDA’s effort to regulate tobacco, the Court took into account not only the tobacco industry’s importance, but also the novelty of the FDA proposal and its incompatibility with the statutory scheme and other legislation—all of which suggested that Congress had not actually granted the FDA the broad power it… [read post]

Notice & Comment - https://www.yalejreg.com/nc/

[Jonathan H. Adler] Fifth Circuit Again Stays FDA Denial of E-Cigarette Product Application

24 Mar 2023, 11:31 am by Jonathan H. Adler

Brown & Williamson Tobacco Corp., 529 U.S. 120, 125, 120 S. [read post]

The Volokh Conspiracy - http://www.volokh.com/

FAQ: What is the Major Questions Doctrine?, by Will Yeatman and Frank Garrison

2 Dec 2022, 9:43 am by Guest Author

Brown & Williamson Tobacco Corp, where the MQD operates as a “carveout from Chevron deference. [read post]

Notice & Comment - https://www.yalejreg.com/nc/

Major Questions About Climate Regulation

8 Aug 2022, 9:03 pm by Michael Zschokke

Brown & Williamson Tobacco Corp., for example, the Supreme Court stated that “given the economic and political significance of the tobacco industry” it was “extremely unlikely” that Congress intended to give the FDA the authority to ban tobacco products. [read post]

RegBlog - https://www.theregreview.org/

Mushroom Monographs? The FDA’s Potential Role in a Legal Recreational Drug Market

4 Aug 2022, 5:00 am by Jonathan Perez-Reyzin

Brown & Williamson Tobacco Corp., the Supreme Court ruled that Congress had not intended to allow FDA to regulate tobacco products. [read post]

Bill of Health - https://blog.petrieflom.law.harvard.edu/

[Tom Merrill] West Virginia v. EPA: Getting to Actual Delegation

29 Jul 2022, 4:10 am by Tom Merrill

Brown & Williamson Tobacco Corp., 529 U.S. 120 (2000). [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Josh Blackman] Kelley v. Becerra, the Preventive Care Mandate and the Major Questions Doctrine

27 Jul 2022, 9:47 am by Josh Blackman

Brown & Williamson Tobacco Corp., 529 U.S. 120, 160 (2000). [read post]

The Volokh Conspiracy - http://www.volokh.com/

The Two-Front War on the Administrative State: How Far Will the Supreme Court Go?

4 Jul 2022, 9:05 pm by John C. Coffee, Jr.

Schechter Poultry Corp v. [read post]