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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