Search for: "Thomas Merrill"
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18 Apr 2024, 2:44 pm
Merrill v. [read post]
18 Apr 2024, 7:43 am
On competition rulemaking generally, see former FTC General Counsel Alden Abbott (here); former DOJ Antitrust Division Chief Counsel for Economics Greg Werden (here); Richard Pierce of George Washington University Law School (here); and Thomas Merrill of Columbia University Law School (here). [read post]
1 Apr 2024, 7:24 am
Last summer, I wrote a blog about why just compensation—which is based on the ‘objective’ standard of what a property would sell for on the open market—shortchanges residential property owners subjected to eminent domain. [read post]
30 Mar 2024, 5:14 am
., Thomas W. [read post]
25 Mar 2024, 1:15 pm
Corner Post v. [read post]
25 Mar 2024, 10:47 am
[Philip Hamburger: Prof. [read post]
28 Feb 2024, 6:36 am
And scholars, like Thomas Merrill, have noticed how most of the opinion does not seem to follow from the two-step standard of review. [read post]
21 Feb 2024, 4:47 pm
Thomas Merrill on "Does <i>Chevron</i> Mandate <i>Brand X</i>? [read post]
4 Feb 2024, 1:01 pm
[Justice Scalia erred because there are no “Officers of the United States” appointed outside Article II, Section II.] [read post]
3 Feb 2024, 11:29 am
As Thomas Merrill noted on this blog, while parts of Chevron stress the need to determine whether Congress delegated a given policy choice to the agency in question, other parts of the opinion suggest ambiguity or silence is sufficient to justify deference. [read post]
31 Jan 2024, 6:22 am
As Thomas Merrill has noted, “[a]dministrative rulemaking, at least in its modern guise, is subject to a much more unyielding set of procedural requirements” than legislative statute-making. [read post]
28 Jan 2024, 4:54 pm
Kip Viscusi (Vanderbilt), Dick Pierce (George Washington University), Thomas Merrill (American University), Kristin Hickman (University of Minnesota), and Mason Marks (University of New Hampshire Law/Petrie-Flom Center, Harvard). [read post]
25 Jan 2024, 5:01 am
Thomas Merrill (Columbia), whom readers might remember as a guest-blogger from a couple of years ago, and who is the author of The Chevron Doctrine: Its Rise, and Fall, and the Future of the Administrative State (2022): Last week, the Supreme Court heard nearly four hours of argument about the Chevron doctrine—including whether it should be cast aside. [read post]
17 Jan 2024, 3:30 am
Thomas Merrill observes that overturning Chevron would be a recipe for judicial gridlock when it comes to resolving challenges to agency actions: “If every court of appeals were required to apply de novo review to every question of law that arises in a regulatory context, the courts of appeals would be overwhelmed. [read post]
16 Jan 2024, 12:30 pm
In an article published in 2014, law professor Thomas Merrill suggested that the Chevron decision was not regarded as a particularly consequential one when it was issued. [read post]
9 Jan 2024, 12:05 pm
Thomas v. [read post]
5 Jan 2024, 1:14 pm
Louis No NYLife Securities, LLC Shawn O’Connell Morgan Stanley Merrill Lynch, Pierce, Fenner & Smith Incorporated Chanda Park Transamerica Financial Advisors, Inc. [read post]
27 Dec 2023, 8:45 am
Thomas McDevitt Ameriprise Financial Services, Inc. [read post]
8 Dec 2023, 1:18 pm
It’s not baseless, but old agency hands—including, among others, former FTC General Counsel Alden Abbott; former FTC Commissioner and Acting Chair Maureen Ohlhausen (with Ben Rossen here); former FTC Commissioner Noah Phillips; and Gregory Werden, former chief counsel for economics at the DOJ Antitrust Division—have argued that there is no such authority, and noted administrative-law scholar Thomas Merrill agrees. [read post]
24 Nov 2023, 6:08 pm
For example, in Thomas v. [read post]
