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Judicial Deference Constitutional Challenges

Gray Reed

Department of the Interior Fails to Give Fair Notice of its Administrative Action

Gray Reed on

If you are the type to be preoccupied with the drudgery nuances of federal statutory and regulatory interpretation, or if you have a fetish for acronyms, I recommend that you read all 41 spellbinding pages of W&T Offshore v....more

Davies Ward Phillips & Vineberg LLP

Coherence over Deference: Regulations Are Subject to Same Standards of Judicial Review as Other Administrative Decisions

In the companion cases of Auer v Auer (Auer) and TransAlta Generation Partnership v Alberta (TransAlta), the Supreme Court of Canada (SCC) unanimously confirmed that regulations and other forms of subordinate legislation...more

Foley & Lardner LLP

Will This Term of Wisconsin’s Supreme Court Be the Last for Agency Deference in Wisconsin?

Foley & Lardner LLP on

Justice Neil Gorsuch’s confirmation process earlier this year brought attention to the issue of agency deference, given a concurring opinion that he had written in Gutierrez-Brizuela v. Lynch, 834 F.3d 1142, 1149 (10th Cir....more

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