Philip Hamburger Discusses With The Regulatory Transparency Project Listen Now “We live in a system where regulators make rules, investigate alleged violations of the rules, and then adjudicate those violations before an Administrative Law Judge who is a member of the agency. When agency decisions are appealed to the traditional court system, judges are obligated…

A former Cornell University professor who faced a sexual misconduct allegation is suing the university, the U.S. Department of Education and Secretary of Education Betsy DeVos. In the lawsuit, Mukund Vengalatorre, a former assistant professor of physics, claims the university mishandled an investigation into the allegation as well as his tenure review process. The suit states he was discriminated against…

The New Civil Liberties Alliance has evaluated the likely picks on the basis of their posture toward the powers of the administrative state. Click here to read more

New Civil Liberties Alliance surveys six possible candidates, giving a slight edge to Kethledge over Kavanaugh. Click here to read more

The Trump administration has made a priority of shrinking the administrative state. A recent study authored by the New Civil Liberties Alliance (NCLA), which is headed by the prominent constitutional-law scholar Philip Hamburger, concludes that “If President Trump wishes to appoint another justice who would respect the Constitution and shrink the administrative state, he would…

Academic highlight: Hamburger and Siegel on the constitutionality of Chevron deference “Is Chevron deference unconstitutional? Congress, several justices and legal academics are debating the legitimacy of this decades-old principle of administrative law. In Chevron U.S.A. Inc. v. Natural Resources Defense Council Inc., decided over 30 years ago, the Supreme Court declared that courts must defer to a federal agency’s reasonable interpretation…