Some members of Congress, the DC Circuit, and the legal academy are promoting a
particular, abstract form of cost-benefit analysis for financial regulation: judicially enforced …

In the past decade, self-described textualist judges have questioned the legitimacy of using
legislative history as an" authoritative" source of legislative intent. Textualists contend that …

Chevron USA v. Natural Resources Defense Council, Inc. 2 settled the now familiar principle
of federal administrative law that a reviewing court must accept an agency's" reasonable" …

Textualism has outlived its utility as an intellectual movement. Although textualism has only
lately earned the respect that it deserves, textualism's recent successes ironically are …

Like so much else in our politics, the administrative state-from its very existence to the
appropriate scope of its authority-is fiercely contested. Critics on the Supreme Court have …

In May 1997, the New York Knickerbockers basketball team was poised to reach the finals of
its division in the National Baske ball Association (NBA). The Knicks led the rival Miami Heat …

Debate over floors versus ceilings was, until recently, largely hypothetical, due to the rarity of
federal imposition of ceilings. During the past year, however, in settings ranging from …

First, always, is the question whether Congress has directly spoken to the precise question
at issue. If the intent of Congress is clear, that is the end of the matter; for the court, as well as …

The judicial role today is not what it used to be, or so we are told. The traditional judicial role
was characterized by two guiding principles: Judges relied on the parties to frame disputes …

The law governing administrative agency policy change and the checking of unjustified
inconsistency is rooted in a web of intertwined doctrine. The Supreme Court's 2016 opinion …