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Against Administrative Supremacy
A response to the “Guest Posts from the West Coast” Series
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New Paper on Doré and Vavilov
Frequent readers of this blog will know that I have written here on the subject of the propriety of Doré post-Vavilov. As many of you know, I do not believe that Doré can stand in light of Vavilov. I have now outlined more extensively why that is is, in a paper that will appear in
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Expertise in Pandemic Life
With the COVID-19 pandemic in full swing, many (for example, Phil Lagasse) have written about the role of experts in public life. The controversy seems to centre around a few points of contention: (1) the degree to which quintessentially political decisions should depend on expert guidance (2) the degree to which the public can
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One Does Not Simply
Ensuring access to justice isn’t simply a matter of the legal profession’s being more open to “experiments”
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How Much Justice Can You Afford?
The trade-offs involved in designing fair administrative procedures
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Inter vira enim loquuntur leges
The pandemic and delegation of power to the executive
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Ministers of Truth
A proposal to criminalize epidemic-related “misinformation” is dangerous
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The Life and Times of Patent Unreasonableness
Post-Vavilov, can a legislature freely specify the standard of review? The answer seems obvious. Legislation overrides the common law, so as the Vavilov majority states, “…where the legislature has indicated the applicable standard of review, courts are bound to respect that designation, within the limits imposed by the rule of law” (Vavilov, at para 35).
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The Common Good Administrative State
The Internet has been captivated by Professor Adrian Vermeule’s provocative essay in The Atlantic on so-called “common good constitutionalism” (CGC). CGC could be describes as part of a larger theory that co-blogger Leonid Sirota calls “right-wing collectivism,” which “blends support for using the power of the state to advance traditional moral values, a hostility to
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Common Good and Evil
Removing constitutional obstacles to power in the name of the common good is a dangerous, delusional idea
Double Aspect 