Cass Sunstein has a nice short essay on Justice Breyer in a forthcoming issue of the Harvard Law Review, “From Technocrat to Democrat“: There is an epistemic argument for judicial deference to the decisions of administrative agencies and legislatures: courts do not have easy access to relevant information, and they should defer to those who […] Read more

Much of the focus on the Supreme Court of the United States recently has been on the hot-button topic of same-sex marriage. But the Court has also released some interesting administrative law decisions in recent weeks. The End of Auer Deference: Administrative Interpretations of Regulations I previously posted some sceptical thoughts on the continuing applicability […] Read more