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The Post-Vavilov Supreme Court and Administrative Law
Reason for optimism? After the Supreme Court’s recent decisions in Abrametz and ESA (both of which are summarized and analyzed in my newsletter here and here, respectively), there is much to say. But I just want to quickly identify one emerging trend: the centrifugal force of the principles in Vavilov in areas of administrative law
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Some Major Questions About Major Questions
In West Virginia v EPA, the Supreme Court of the United States, wielding the “major questions doctrine” found that the EPA did not have the statutory authority to adopt regulations implementing the Clean Power Plan, initially proposed by the Obama administration in 2015. In this post, I describe why I think this decision was ultimately
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Nothing Doing
A brief rebuttal to responses to my last post on inappropriate criticism of the US Supreme Court’s abortion decision
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Who’s Afraid of the Rule of Law?
Many critics of the US Supreme Court’s decision on abortion rights themselves embrace a purely political view of adjudication
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The Cake Bill
The flaws in the UK government’s two-faced Bill of Rights Bill
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Undignified
The Supreme Court holds that life imprisonment without parole is unconstitutional. Its reasons are unconvincing.
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Mischief and the Chief
The Chief Justice has thoughts on the Supreme Court and the political climate
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Immigration and Refugee Decision-Making: The Vavilov Effect?
It has been a while since I’ve blogged. The last few months have been—in a word—chaotic. I’m hoping to blog more regularly going forward now that some of these things have settled One of the areas where administrative law really comes to life is in immigration decision-making, particularly front-line decision-making like visa decisions or humanitarian
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Same Pig, Different Lipstick: Bill C-11
Last year, I wrote about Bill C-10, which was concerned with “compelling companies like Netflix Inc and TikTok Inc to finance and promote Canadian content.” The Bill was controversial, not least because the law could be read to target content produced on user-driven sites (TikTok, say) targeting individual content creators rather than the tech giants
Double Aspect 