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I dissent from the Commission’s denial of a petition to amend Rule 202.5(e), our so-called gag rule.[1] This de facto rule follows from the Commission’s enforcement of its policy, adopted in 1972, that it will not “permit a defendant or respondent to consent to a judgment or order that imposes a sanction while denying the allegations in the complaint or order for proceedings. [read post]

The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/

The Important Statutory Sections Ignored by the Parties in Loper Bright and Relentless, by John F. Duffy

17 Jan 2024, 5:04 am by Guest Author

The limited power of the Secretary’s supervisory powers requires limited power in the councils. [read post]

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

The First Amendment Does Not Prohibit The Government From Addressing Big Tech Censorship, by Brendan Carr and Nathan Simington

11 Jan 2024, 2:58 pm by Guest Author

There is market power here. [read post]

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

Chevron’s Possible Demise, Independent Agencies – and Justice Kagan, by Randolph J. May

10 Jan 2024, 2:12 pm by Guest Author

Public Company, and Axon Enterprise Inc. v. [read post]

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

Is Chevron Binding Law?, by Randy J. Kozel

14 Dec 2023, 4:00 am by Guest Author

Inc. v. [read post]

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

A Pitch for “Statutory Torts,” by Matteo Godi

28 Nov 2023, 5:24 am by Guest Author

Duke Power Co., 401 U.S. 424 (1971) McDonnell Douglas Corp. v. [read post]

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

Article III and Seventh Amendment Challenges to Agency Adjudication in the Lower Courts, by Matthew Wiener & Jonathan Wiersema

24 Nov 2023, 6:08 pm by Guest Author

” Meanwhile, Article III vests the “judicial [p]ower” in the federal courts, “limit[ing] the authority of Congress to authorize an agency to adjudicate disputes involving the exercise of the judicial power. [read post]

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

Deference for Me, But Not for Thee: State Inconsistency on Administrative Deference, by Michael I. Lurie and Michela Petrosino

30 Oct 2023, 6:16 am by Jacob Wirz

Inc., v. [read post]

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

With a Cert Grant in Relentless, Inc. v. Department of Commerce, Loper Bright Gets Some Company, by Eli Nachmany

13 Oct 2023, 12:12 pm by Guest Author

The Court just granted certiorari in a new case—Relentless, Inc. v. [read post]

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

The Little Tucker Act’s Statute of Limitations Does Not Govern Garden-Variety Pre-enforcement Suits Under the APA, by James R. Conde & Michael Buschbacher

26 Sep 2023, 4:56 am by Guest Author

., Inc. v. [read post]

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

D.C. Circuit Review – Reviewed: Something For Everyone (Who Loves FERC, FIFRA, the FEC, Interior, and the EPA)

24 Jul 2023, 11:58 am by Seth Davis

Even so, FERC temporarily suspended application of the Penalty Factor after finding that it was unjust and unreasonable under the Federal Power Act. [read post]

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