Topic
Administrative Law
Posts
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ArticleVol. 103 · Iss. 4
Deference Realities: Judicial Deference and Litigation Outcomes in the Appellate Review Era
The Supreme Court recently overturned Chevron, potentially re-shaping the relationship between courts and administrative agencies. Observers were quick to fête or mourn the decision.…
Edward H. Stiglitz -
ArticleVol. 103 · Iss. 4
Bypassing Agency Adjudication
This Article examines the contested practice of bypassing agency adjudication to accelerate judicial review of non-final executive action. Parties typically challenge final action under…
Brian M. Lipshutz -
Online2026
An Overlooked Footnote in Trump v. CASA Ensures That the Debate Over Universal Injunctions Isn’t Over
Several months ago, I wrote in Law360 that, given the tenor of the questioning in Trump v. CASA—the birthright citizenship case—I did not expect…
Harvey Reiter -
Online2025
The Fifth Circuit’s Holding in National Horsemen’s Benevolent and Protective Association v. Black Keeps HISA from Crossing the Wire
The Framers of the Constitution deliberately divided federal powers among three branches, ensuring that each branch is held accountable by the others. The private…
Kyle Kendall -
ArticleVol. 101 · Iss. 4
Second-Class Administrative Law: Lincoln v. Vigil’s Puzzling Presumption of Unreviewability
Administrative law ordinarily presumes that someone hurt by “arbitrary and capricious” agency action may seek relief in federal court unless Congress says otherwise. Administrative…
Matthew B. Lawrence -
ArticleVol. 101 · Iss. 2
The Major Questions Doctrine in the States
In West Virginia v. EPA and Biden v. Nebraska, the Supreme Court firmly established the major questions doctrine as a tool of statutory interpretation,…
Evan C. Zoldan -
ArticleVol. 100 · Iss. 6
The Judicial Assault on the Administrative State
Introduction The most substantial change in the United States Government has been the extraordinary growth and increased complexity of the United States Government itself.…
Joel Seligman -
Online2023
The Controlled Substances Act: An International Private Delegation That Goes Too Far
Introduction Under current Supreme Court precedent, Congress can delegate regulatory authority to federal agencies so long as it supplies an intelligible principle to guide…
Shane Pennington & Matthew C. Zorn -
ArticleVol. 100 · Iss. 1
Litigating Authority for the FDA
Abstract The Food and Drug Administration (FDA), like most federal agencies, is a captive client. Its “lawyer,” the Department of Justice (DOJ), ultimately decides…
C. Joseph Ross Daval -
NoteVol. 99 · Iss. 3
MDMA and Psilocybin for Mental Health: Deconstructing the Controlled Substances Act’s Usage of “Currently Accepted Medical Use”
ABSTRACT MDMA and psilocybin are drugs that exhibit almost never-before-seen relief—including complete remission—from debilitating mental health disorders including Post Traumatic Stress Disorder (PTSD) and…
Nabil Al-Khaled -
ArticleVol. 99 · Iss. 2
The Rediscovered Stages of Agency Adjudication
ABSTRACT Modern administrative law understands the Administrative Procedure Act (APA) to establish an informal and a formal procedural mode of two types of agency…
Emily S. Bremer -
NoteVol. 88 · Iss. 4
Sweet Dreams Aren’t Made of These: How the VA’ s Disability Compensation Program Leaves Veterans Alone in the Nightmare of Posttraumatic Stress Disorder
Posttraumatic stress disorder (PTSD) already afflicts a large number of veterans, and these numbers are only rising with the wars in Iraq and Afghanistan.…
Alexandra S. Haar