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- Keyword
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- Chevron; Chevron (2)
- Inc. v. Nat. Res. Def. Council (2)
- U.S.A. (2)
- First Amendment; Establishment Clause; Religion; Kennedy (1)
- Inc.; Loper Bright; Loper Bright Enterprise v. Raimondo; admin; administrative law; Administrative State; deference; judicial deference; agency; agency expertise; Marbury v. Madison; Magnuson-Stevens Act; Brand X; Nat’l Cable and Telecomm. Ass’n v. Brand X Internet Serv.; Burden Shifting; West Virginia v. Environmental Protection Agency (1)
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- Inc.; Loper Bright; Loper Bright Enterprise v. Raimondo; admin; administrative law; Administrative State; deference; judicial deference; agency; agency expertise; Marbury v. Madison; West Virginia v. Environmental Protection Agency; Skidmore v. Swift & Co.; Major Questions Doctrine; MQD (1)
- Kennedy v. Bremerton School District; School Board; Legislative Prayer; Legislative Prayer Exception; Lemon; Lemon v. Kurtzman; Lemon Test; Endorsement Test; Coercion Test; Prayer; Prayer in School; McCarty; Chino Valley (1)
- Preamble; Constitution; We the People; originalism; constitutional interpretation; Jacobson v. Massachusetts; constitutional history; legal history; Founding; original meaning; originalist; history; Edward Coke; William Blackstone (1)
- Supreme Court of the United States; SCOTUS; major questions doctrine; MQD; administrative law; crypto; cryptocurrency; blockchain; crypto asset; SEC v. W.J. Howey Co.; Howey test; securities; West Virginia v. EPA; Roberts Court; judicial enforcement actions (1)
Articles 1 - 5 of 5
Full-Text Articles in Jurisprudence
Agency Deference After Loper: Expertise As A Casualty Of A War Against The “Administrative State”, Michael M. Epstein
Agency Deference After Loper: Expertise As A Casualty Of A War Against The “Administrative State”, Michael M. Epstein
Brooklyn Law Review
Chevron deference has been a foundational principle for administrative law for decades. Chevron provided a two-step analysis for determining whether an agency would be given deference in its decision-making. This deferential test finds its legitimacy on the grounds of agency expertise and accountability. However, when the Supreme Court of the United States granted certiorari in Loper Bright Enterprise v. Raimondo, it positioned itself to potentially overrule or severely limit Chevron. An overruling of Chevron would place judicial deference to administrative agency decisions in peril by allowing courts to substitute their own views over the informed opinions of agency experts. This …
When Life Takes Your Lemons: Resolving The Legislative Prayer Debate In School Board Settings In Light Of Kennedy V. Bremerton School District, Jordan Halper
Brooklyn Law Review
The COVID-19 pandemic fanned the flames of a fire that had been slowly but steadily burning since 2016, arming the loudest warriors of America’s endless culture war with a slew of new divisive issues. Virtually overnight, parental rights groups began capitalizing on the frustration in their communities in order to spur political change, training their ire toward public schools. What began as a crusade against mask mandates and vaccines manifested into a well-funded effort by ultraconservative groups to undermine the public education system as a whole. Against this backdrop, the legislative prayer exception—which was meant to sanction the practice of …
The Major Questions Doctrine’S Domain, Todd Phillips, Beau J. Baumann
The Major Questions Doctrine’S Domain, Todd Phillips, Beau J. Baumann
Brooklyn Law Review
In West Virginia v. EPA, the Supreme Court elevated the major questions doctrine to new heights by reframing it as a substantive canon and clear statement rule rooted in the separation of powers. The academic response has missed two unanswered questions that will determine the extent of the doctrine’s domain. First, how will the Court apply the doctrine to a range of different regulatory schemes? The doctrine has so far only been applied to nationwide legislative rules that are both (1) economically or politically significant and (2) transformative. It is unclear whether the doctrine applies to alternative modes of regulation …
Balancing Chevron, Skidmore, And Major Questions: A Novel Framework For Judicial Deference To Agency Legal Interpretations, Charles A. Bower
Balancing Chevron, Skidmore, And Major Questions: A Novel Framework For Judicial Deference To Agency Legal Interpretations, Charles A. Bower
Brooklyn Law Review
The Supreme Court’s decision in West Virginia v. EPA is a watershed moment for administrative law. For the first time, the Court explicitly invoked the Major Questions Doctrine by name in a majority opinion. The usage of the Major Questions Doctrine is important on its own, but equally important is the fact that the longstanding Chevron doctrine played no part in the majority’s analysis. The absence of Chevron doctrine in West Virginia in favor of the Major Questions Doctrine continues a trend where the Court has been relying on Chevron less often. The threats the Chevron faces do not appear …
Preambles Before The Preamble: Rediscovering The Preamble’S Role In Constitutional Interpretation, Stuart Ford
Preambles Before The Preamble: Rediscovering The Preamble’S Role In Constitutional Interpretation, Stuart Ford
Brooklyn Law Review
This article explores how the Preamble to the Constitution (Preamble) would have been viewed when it was drafted by looking at how preambles were used in America in the seventeenth and eighteenth centuries. It offers the first comprehensive look at how preambles were viewed by lawyers, judges, politicians, and the public in the years before the Constitution was ratified. It demonstrates that courts’ modern treatment of the Preamble is at odds with its original meaning. Eighteenth-century Americans viewed the Preamble as an important tool for understanding and interpreting the Constitution. They would have expected courts to interpret the Constitution’s terms …