Law and economics
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Nice Try, Part 2
As New Zealand takes on counter-productive regulation, can a tipline help? Continue reading
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Real Property Rights
Actual property rights don’t depend on whether they are exercised by or against people one likes Continue reading
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Standing Isn’t Free
On the importance of thinking about costs, as well as benefits, of judicial review of administrative action Continue reading
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Shapes and Sizes
Public lawyers (and public law students) should think about government size―and shape Continue reading
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The Good Government Trilemma
If you like big government, be prepared to sacrifice democracy or accountability Continue reading
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Fizzy Drink or Fuzzy Thinking?
Questionable arguments in Cass Sunstein and Adrian Vermeule’s critique of anti-administrativism Continue reading
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The Disuse of Knowledge in the Administrative State
Regulation is not the right tool for intelligently dealing with complexity Continue reading
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Entertainment Assoc, 2020 FCA 100: A New Canadian Textualism
In Entertainment Software Assoc v Society of Composers, 2020 FCA 100, Stratas JA (for the Court) made a number of interesting comments about statutory interpretation in the administrative state and the role of international law in the interpretive activity. In this post, I review these comments, and agree with them wholeheartedly. This case is an Continue reading
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CHRC: The Presumption of Reasonableness and the Rule of Law
Worries about the upcoming review of Dunsmuir Continue reading
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Not That Kind of Voting
What New Zealand’s Electoral Commission’s attempt to boost turnout gets wrong about voting, and what we can learn from it Continue reading
Double Aspect 