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Opinion

The Worst Doctrine Few Have Heard of: Brand X

The Worst Doctrine Few Have Heard of: Brand X

Federal administrators must love Darth Vader's iconic --and ominous-- line, "I'm altering the deal. Pray I don't alter it any further." That's because the Brand X deference doctrine lets them. Deference doctrines require judges to abdicate their duty of independent...

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Secret Laws for the Powerful

Secret Laws for the Powerful

The Office of Management and Budget issued a memo recently reminding all federal administrative agencies that “the Constitution vests all Federal legislative power in Congress.” That may seem obvious, but agencies often regulate Americans beyond their lawful authority...

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