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Recent Developments In Administrative Law: The Tremors Of Two March 9, 2015 Supreme Court Decisions, Part I: Perez, Peter L. Strauss
Recent Developments In Administrative Law: The Tremors Of Two March 9, 2015 Supreme Court Decisions, Part I: Perez, Peter L. Strauss
Faculty Scholarship
Two decisions of the United States Supreme Court announced March 9, unanimous in reversing what had been surprising and potentially disruptive administrative law decisions by the United States Court of Appeals for the D.C. Circuit, could themselves portend rather striking changes in American administrative law. This essay considers Perez v. American Mortgage Bankers, which both overstates Vermont Yankee Nuclear Power Corp, Inc. v. Natural Resources Defense Council, Inc. and invites reconsideration of so-called Auer deference. (See p. 12 below for analysis of Department of Transportation v. Association of American Railroads.)
Recent Developments In Administrative Law: The Tremors Of Two March 9, 2015 Supreme Court Decisions, Part Ii: Association Of American Railroads, Peter L. Strauss
Recent Developments In Administrative Law: The Tremors Of Two March 9, 2015 Supreme Court Decisions, Part Ii: Association Of American Railroads, Peter L. Strauss
Faculty Scholarship
Two decisions of the United States Supreme Court announced March 9, unanimous in reversing what had been surprising and potentially disruptive administrative law decisions by the United States Court of Appeals for the D.C. Circuit, could themselves portend rather striking changes in American administrative law. This essay considers Department of Transportation v. Association of American Railroads, which opens for decision on remand important constitutional questions about the structures Congress employs for hybrid public private bodies like AMTRAK, the United States Postal Service, and the Federal Open Market Committee. (See p. 4 above for analysis of Perez, Secretary of Labor …