Against Skidmore Deference
by Mike Rappaport In my last post, I explained why I oppose both Chevron and Auer deference, which give agencies additional power, undermine the rule of law, and provide bad incentives to agencies. Scholars ...
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Judicial Strategies to Contain the Administrative State
by John O. McGinnis The most important developments this term at the Supreme Court were the skirmishes around the administrative state. These skirmishes revealed a variety of strategies, sometimes conflicting, ...
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