September 27, 2016

The Constitutionality of SEC Administrative Law Judges: Exploring Hill v. SEC

Maxwell Weiss ·
84 Geo. Wash. L. Rev. 1407 ·

There has recently been a series of challenges to the U.S. Securities and Exchange Commission’s (“SEC”) use of Administrative Law Judges (“ALJs”) to preside over enforcement actions. In one of

The Future of Deference

Richard J. Pierce, Jr. ·
84 Geo. Wash. L. Rev. 1293 ·

In this Essay, Professor Richard Pierce describes the history of the deference doctrines the Supreme Court has announced and applied to agency interpretations of ambiguous statutes and rules

Preambles as Guidance

Kevin M. Stack ·
84 Geo. Wash. L. Rev. 1252 ·

Debates over administrative agencies’ reliance on guidance documents have largely neglected the most authoritative source of guidance about the meaning of agency regulations: their preambles. This Article examines and

Chevron Bias

Philip Hamburger ·
84 Geo. Wash. L. Rev. 1187 ·

This Article takes a fresh approach to Chevron deference. Chevron requires judges to defer to agency interpretations of statutes and justifies this on a theory of statutory authorization for agencies.