Observations from the GWLR Administrative Law Panel

On Friday, October 20, 2017, The George Washington Law Review (“Law Review”) hosted a panel titled, “Evaluating Federal Actions: The Powers, Processes, and Proclamations of Administrative Agencies and the Oval Office” as part of the American Bar Association Section of Administrative Law and Regulatory Practice’s 2017 Administrative Law Conference. The panel brought together Cass Sunstein...
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Standing Underwater

Daniel A. Fiedler 85 Geo. Wash. L. Rev. 1554 The basic requirements of Article III standing are well known: injury in fact, causal connection between that injury and conduct being complained of, and likelihood that the injury would be redressed by a favorable decision. For cases where an injury has not yet occurred, however, the...
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The Administrative Procedure Act’s Stay Provision: Bypassing Scylla and Charybdis of Preliminary Injunctions

Frank Chang 85 Geo. Wash. L. Rev. 1529 Federal courts draw much attention by sweepingly blocking many agency actions with preliminary injunctions. Some of these preliminary injunctions are nationwide, but others are geographically limited. This Essay diagnoses two problems associated with preliminary injunctions in administrative law cases. Nationwide preliminary injunctions, as many commentators point out,...
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Arbitrary and Capricious Cost-(Non)Consideration After Michigan v. EPA

Karmina Caragan 85 Geo. Wash. L. Rev. 1514 Initially, Supreme Court decisions suggested a presumption that, absent affirmative congressional intent, agencies should not consider costs when deciding whether to regulate. In the last few years, however, the Supreme Court has departed from this perceived presumption, and instead held that absent clear statutory prohibition agencies may...
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Chevron’s Inevitability

Nicholas R. Bednar & Kristin E. Hickman 85 Geo. Wash. L. Rev. 1392 For over thirty years, Chevron deference has been the target of criticism. Now, some judges and legislators are calling for an end to Chevron, and legal scholars are heralding the doctrine’s retreat. Chevron may be evolving, as common law often does. But...
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Chevron’s Interstitial Steps

Cary Coglianese 85 Geo. Wash. L. Rev. 1339 The Chevron doctrine’s apparent simplicity has long captivated judges, lawyers, and scholars. According to the standard formulation, Chevron involves just two straightforward steps: (1) Is a statute clear? (2) If not, is the agency’s interpretation of the statute reasonable? Despite the influence of this two-step framework, Chevron...
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On the Docket Special Publications for the October 2017 Term

The October 2017 Supreme Court term has now begun. On the Docket will be posting several special publications to get everyone geared up for the bench’s full docket with a full court. To view previews of the first month of arguments, click here! The Department of Justice and Department of Education have formally reversed the...
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