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Gus Hurwitz on the Application of Chevron to Section 5
Gus Hurwitz is Assistant Professor of Law at University of Nebraska College of Law Introduction This post is based upon an in-progress article that explores the applicability of Chevron deference to...
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Gus Hurwitz on A Policy Statement Is Not Enough
Gus Hurwitz is Assistant Professor of Law at University of Nebraska College of Law Administrative law really is a strange beast. My last post explained this a bit, in the context of Chevron. In this...
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Suprema v. ITC: The Case for Chevron Deference
Recently, the en banc Federal Circuit decided in Suprema, Inc. v. ITC that the International Trade Commission could properly prevent the importation of articles that infringe under an indirect...
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Trimming the Sails of the Administrative State
In the wake of the recent OIO decision, separation of powers issues should be at the forefront of everyone’s mind. In reaching its decision, the DC Circuit relied upon Chevron to justify its extreme...
View ArticleICLE urges Supreme Court to review DC Circuit decision in Open Internet Order...
Today the International Center for Law & Economics (ICLE) submitted an amicus brief urging the Supreme Court to review the DC Circuit’s 2016 decision upholding the FCC’s 2015 Open Internet Order....
View ArticleChevron and the Politicization of Law (or, Chevron Step Three)
A recent exchange between Chris Walker and Philip Hamburger about Walker’s ongoing empirical work on the Chevron doctrine (the idea that judges must defer to reasonable agency interpretations of...
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