Search for: "Natasha Brunstein"
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18 Jun 2023, 12:35 pm
Natasha Brunstein is a Legal Fellow at the Institute for Policy Integrity at NYU School of Law. [read post]
21 Dec 2022, 9:36 am
Natasha Brunstein is a Legal Fellow at the Institute for Policy Integrity at NYU School of Law. [read post]
8 Aug 2022, 9:03 pm
Revesz of NYU School of Law and Natasha Brunstein, a student at Yale Law School. [read post]
28 Jun 2024, 9:42 am
As Natasha Brunstein has found, “in a majority of cases concerning Biden Administration agency actions and executive orders, judges applied the doctrine to reach outcomes that aligned with the political party of their appointing President. [read post]
21 Mar 2023, 5:43 pm
Walker and Scott MacGuidwin (98 Notre Dame Law Review forthcoming) The Roberts Court’s Functionalist Turn in Administrative Law by Thomas Koenig and Ben Pontz (46 Harvard Journal of Law and Public Policy forthcoming) Unheralded and Transformative: The Test for Major Questions After West Virginia by Natasha Brunstein and Donald L. [read post]
29 Apr 2023, 10:23 am
Walker & Scott MacGuidwin (98 Notre Dame Law Review forthcoming) Importance and Interpretive Questions by Ilan Wurman (Virginia Law Review forthcoming) Unheralded and Transformative: The Test for Major Questions After West Virginia by Natasha Brunstein & Donald L. [read post]
10 Oct 2023, 5:40 am
As Natasha Brunstein pointed out earlier this year, lower courts are all over the place in their applications of the doctrine. [read post]
29 Aug 2024, 9:05 pm
WHAT WE’RE READING THIS WEEK In an article in the Administrative Law Review, Natasha Brunstein, a former legal fellow at the Institute for Policy Integrity at New York University School of Law, claimed that in the wake of two recent Supreme Court decisions, lower federal courts’ handling of the major questions doctrine has been inconsistent. [read post]
14 Aug 2023, 5:36 am
Natasha Brunstein & Donald L. [read post]
13 Feb 2024, 9:05 pm
In it, Gorsuch asserted that the question of whether a rule is authorized becomes a “major question” imposing a heavy burden on the agency if the rule (1) addresses a topic of political controversy, (2) affects a significant part of the economy, (3) imposes large compliance costs, (4) intrudes into states’ rights, or (5) reverses a prior agency rule or interpretation.[5] Gorsuch’s assertion was followed by a spike in rule challenges exploiting this doctrine, as shown by data… [read post]
12 Jul 2023, 3:54 pm
The Court has not much clarified how this determination is to be made, and a recent study by Natasha Brunstein of the Institute for Policy Integrity found that lower court “judges have taken vastly different approaches to defining and applying the doctrine—even within the same circuit—illustrating that many judges view the doctrine as little more than a grab bag of factors at their disposal. [read post]
7 Nov 2022, 7:19 am
L.J. __ at 3–4 (forthcoming 2023) (describing an unexplained transition from the MQD as a tool of construction in the eviction moratorium case to the MQD as “a super-charged rule of interpretation” in the vaccine-or-test case).Natasha Brunstein & Richard L. [read post]
