There are shades of the Hart vs. Fuller debate in the disagreement between Scalia J. and Breyer J. in last week’s greenhouse gases case: UARG v. EPA. As part of a much wider debate about the relationship between law and morality, Hart and Fuller jousted over a rule prohibiting vehicles in the park. To simplify […] Read more

Commenter Concerned in Canada left an important comment on my post on Charter interpretation by administrative decision-makers. Her underlying concern is broader, however, and is probably shared by many. Here is the comment, lightly edited to focus on the broader concern: [H]ow concerned are you that your radical approach will essentially boil down to administrative […] Read more

The change is now complete. Email subscribers should not have noticed a difference. RSS subscribers might have received a one-time glut of posts over the weekend: my Feedly feed certainly did. If you have had any problems, please do not hesitate to contact me. Read more

I have a new essay on SSRN, “Administrative Law: A Values-Based Approach“, prepared for the inaugural Public Law Conference at the University of Cambridge later this year. Here is the abstract: I focus in this essay on judicial review of administrative action, looking at the subject “from the inside, trying to make sense of lawyers’ […] Read more