Forbes

An Intelligible Principle To Restrain Unelected Government Officials

Today there are more than 300 independent and regulatory agencies that publish more than 75,000 pages of new and proposed rules in the Federal Register every year. At the beginning of each calendar ...
JD Supra

Without An “Intelligible Principle” Can The SEC Adopt Political Spending Rules?

In August 2011, Professor Lucian Bebchuk and nine other law professors submitted this petition asking that the Securities and Exchange Commission adopt rules requiring public companies to disclose to ...
American Enterprise Institute

The Supreme Court Seems Unlikely to Revive Nondelegation Doctrine in FCC Case

Earlier this month, I previewed the arguments in Federal Communications Commission v. Consumers’ Research. The case asks the Supreme Court whether the FCC’s Universal Service Fund (USF) violates the ...
JD Supra

Enduring Delegations - Supreme Court Rejects Nondelegation Challenges to the FCC’s Administration of the Universal Service Fund in FCC v. Consumers’ Research

The nondelegation doctrine prevents Congress from giving away too much of its legislative power to other entities. After a strong showing in 1935, the nondelegation doctrine has remained dormant, with ...
The Hill

Gundy v. United States: A peek into the future of government regulation

Government regulation as we know it was cast into doubt by the Supreme Court’s much-anticipated decision in Gundy v. United States. By a narrow margin, the court upheld a provision of the Sex Offender ...