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- Chevron; Chevron (2)
- Inc. v. Nat. Res. Def. Council (2)
- U.S.A. (2)
- Administrative Law; Chevron; Loper Bright; Skidmore; Agency; Statutory Interpretation; Veterans’ Law; Supreme Court; Supreme Court of the United States; Separation of Powers (1)
- Artificial Intelligence; Voice Shoppers; Digital Assistant; Agency Law; Choice Gap; Information Gap (1)
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- EPA/Equal Pay Act; Factor other than sex; Affirmative Defense; USSF (United States Soccer Federation); USWNT (United States Women’s National Team); USMNT (United States Men’s National Team); Professional sports; Single Common Employer; Single Employer; Equal pay; Legitimate business justification; Market; Market factors; Compensation; Compensation Structure; Gender; Soccer; Antitrust Law; Burden Shifting Mechanisms; Circuit Split; Wage (or pay) Gap; Burden (1)
- ESG Reporting; SEC; Sustainable Business Practices; Greenwashing; Corporate Social Responsibility; Investment Transparency; Environmental Efficiency; Regulatory Compliance; Corporate Governance; ESG Rating Agencies; Investment Advisers (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)
- 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)
- Injunctions; nonacquiescence; administrative law; nationwide injunctions; erroneous decisions; forum shopping; judicial review; judicial abuse; Make the Road New York v. McAleenan (1)
- Seller Liability; Social Media; Finfluencer; Section 12(a)(2); Securities; SEC; Securities Act of 1933; Solicitation (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 - 9 of 9
Full-Text Articles in Agency
Social (In)Securities: Should Mass Communication Via Social Media Give Rise To Seller Liability Under Section 12(A) Of The Securities Act? A Proposal To Reconcile The Emerging Circuit Split After Pino, Anika Austin
Brooklyn Law Review
The internet and social media have not only changed the way we shop, communicate, and seek information, but has also profoundly transformed the financial industry, reshaping how we seek and receive financial advice. Moving away from traditional advisor-client interactions, younger, digital-savvy generations favor seamless online experiences in every aspect of their lives. The rise of user-friendly trading applications and pandemic-driven online engagement has further accelerated this trend, introducing both opportunities and risks for users and those offering financial advice. The use of social media in promoting investments raises concerns about market manipulation, inadequate investor protections, and the application of outdated …
Harmonizing Esg: Standardizing Rating Agency Processes To Rectify The Esg Framework, Christina Philippides
Harmonizing Esg: Standardizing Rating Agency Processes To Rectify The Esg Framework, Christina Philippides
Brooklyn Law Review
Greta Gerwig’s Barbie film did not merely revive a cultural icon. It highlighted the intersection of brand loyalty, consumer behavior, and corporate culture, which, in turn, revealed a broader trend in investment strategies. As consumers increasingly seek to make investments in companies that align with their values, investors are similarly drawn to firms with strong environmental, social, and governance (ESG) practices. Increasing investor focus on corporate practices has given rise to ESG investing, where investment decisions are influenced by a company’s commitment to sustainability and ethical governance. Despite ESG-driven investments directly correlating with boosts in corporate valuation and market performance, …
Conflicting Canons Of Construction: The Aftermath In Veterans’ Law, Carlissa R. Carson
Conflicting Canons Of Construction: The Aftermath In Veterans’ Law, Carlissa R. Carson
Brooklyn Law Review
Until June 28, 2024, when the United States Supreme Court overturned decades of administrative law precedent, veterans' law judges, veterans, and practitioners alike would gather in the administrative law arena to watch an unpredictable battle: Chevron vs. Gardner. The outcome of bouts between these heavyweights was as unexpected as the plot twist in an M. Night Shyamalan film. As a result, our nation’s veterans were defeated. Federal courts tended to apply either Chevron (agency deference) or Gardner (veteran friendliness) and courts rarely mentioned both canons of construction in the same opinion. It was difficult to predict which canon of construction …
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 …
Nationwide Injunctions And The Administrative State, Russell L. Weaver
Nationwide Injunctions And The Administrative State, Russell L. Weaver
Brooklyn Law Review
Where an administrative regulation is deemed by a court to be illegal, unconstitutional, or otherwise invalid, courts sometimes issue nationwide injunctions. In other words, instead of holding that the regulation cannot be applied to the individuals before the court, the court prohibits the agency from applying the regulation anywhere in the country, including to others not before the court. This article explores the debate surrounding the appropriateness of nationwide injunctions. While at first glance such injunctions may seem to make sense, they can have serious consequences, including risk of abuse and forum shopping, amplification of erroneous decisions, and the negative …
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 …
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 …
Voice Shoppers: From Information Gaps To Choice Gaps In Consumer Markets, Noga Blickstein Shchory, Michal S. Gal
Voice Shoppers: From Information Gaps To Choice Gaps In Consumer Markets, Noga Blickstein Shchory, Michal S. Gal
Brooklyn Law Review
Recent years have seen exponential growth in the use of voice shoppers – artificial intelligence–based algorithms installed on digital voice assistants, such as Alexa and Google Assistant, that buy products based on verbal requests received from consumers. This game-changing switch to semi-automated shopping is shaking up markets by reshaping consumer–supplier relationships, as well as the business models of suppliers and search services. Voice shoppers benefit consumers by offering speedier and more sophisticated transactions while reducing search and transaction costs. At the same time, consumers’ voluntary delegation of their search powers and product selection creates what we call a “choice gap,” …
An Uneven Playing Field: Remedying The Professional Sports Wage Gap By Revising The Equal Pay Act, Melissa C. Felcher
An Uneven Playing Field: Remedying The Professional Sports Wage Gap By Revising The Equal Pay Act, Melissa C. Felcher
Brooklyn Law Review
Despite winning numerous World Cup championships and securing the title as the number one female soccer team in the world, the United States Women’s National Team (USWNT) has taken the silver medal to its male counterpart, the United States Men’s National Team (USMNT), in one specific area: compensation. In an effort to level the playing field, the USWNT recently filed a lawsuit under the Equal Pay Act (EPA) against its single common employer, United States Soccer Federation (USSF), which owns both the USWNT and the USMNT. At first blush, it might be hard to reconcile this phenomenon. However, upon closer …