A lot of pages and energy have been spent outlining the many problems with formal, doctrinal judicial abdication like that set out by the Supreme Court in Chevron v. Natural Resources Defense Council and Auer v. Robbins. But other, more subtle judicial tendencies also distort the judicial office at serious cost to litigants and…

  The founders believed that trial by jury was among the most precious rights secured by our federal constitution. State constitutions similarly protect the right to be judged by a jury of one’s peers in some form in every state. New Civil Liberties Alliance, where I work, is dedicated to restoring and protecting those rights.…

The Federal Communications Commission is proposing a new regulation to “promote more efficient resolution of hearings.” The Procedural Streamlining of Administrative Hearings Rule, as the FCC calls it, claims that none of its hearings require oral testimony. For decade after decade and Commission after Commission, the FCC has held trial-like adjudications with oral testimony pursuant…

  NCLA is fighting on the front lines of cutting-edge administrative law litigation–and you have an opportunity to be a part of that fight!  NCLA is the nation’s only public interest law firm dedicated solely to litigating administrative law issues and restoring respect for our civil liberties.  A clerkship with NCLA is an unparalleled opportunity…

  One of the most pernicious tools used by the administrative state is the court-created doctrine of agency “deference.” Roughly, this doctrine says that administrative agencies are entitled to interpret ambiguous laws any way they want, and courts are required to accept that interpretation even if the court wouldn’t read the law the same way.…