575 U.S. _____ (2015)
No Seminole Rocks in the Park: Perez v. Mortgage Bankers’ Association, 575 U.S. _____ (2015)
The Supreme Court of the United States decision in Perez v. Mortgage Bankers’ Association, 575 U.S. _____ (2015) (discussed here) is also notable for the concurring opinions of Justices Scalia and Thomas, which take aim at Seminole Rock deference. Pursuant to this concept, an administrative agency’s interpretation of its own regulations controls unless it is […] Read more
Good Decision-Makers, Bad Decision-Makers, and the Courts: Perez v. Mortgage Bankers’ Association, 575 U.S. _____ (2015)
Oliver Wendell Holmes famously said, “The prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law” (“The Path of the Law” (1897), 10 Harvard Law Review 457, at p. 461). He adopted the perspective of the “bad man”, someone “who cares only for the material […] Read more
Delegation, Drugs and Republicanism: Bederev v. Ireland, [2015] IECA 38
Ireland now has a Court of Appeal. If some of its citizens were unaware of its existence, the buzz that followed Bederev v. Ireland, [2015] IECA 38 put paid to any lack of public awareness. In a set of reasons by Hogan J., the Court held that s. 2(2) of the Misuse of Drugs Act […] Read more