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Federalism & Separation of Powers Practice Group

Commentary

Reconsidering the Legal Status of Agency Guidance

Reconsidering the Legal Status of Agency Guidance

In Holiday-Season Amendments to the Justice Department Manual, DOJ Continues the Trend of Downgrading the Status of Subregulatory Agency Guidance Documents

Late last year, the U.S. Department of Justice (DOJ) took a quiet but significant step...

Federalist Society Review, Volume 19

Federalist Society Review, Volume 19

Federalist Society Review, Volume 19

The Federalist Society Review is the legal journal produced by the Federalist Society’s Practice Groups....

Deference to Agency Rule Interpretations: Problems of Expanding Constitutionally Questionable Authority in the Administrative State

Deference to Agency Rule Interpretations: Problems of Expanding Constitutionally Questionable Authority in the Administrative State

Federalist Society Review, Volume 19

Note from the Editor: This article argues that, while judicial deference to agency decisions is...

Party Like It’s 1935?: Gundy v. United States and the Future of the Non-Delegation Doctrine

Party Like It’s 1935?: Gundy v. United States and the Future of the Non-Delegation Doctrine

Federalist Society Review, Volume 19

Note from the Editor: This article discusses Gundy v. United States, a case involving the...