Dunsmuir
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Bell/NFL: The Second Dunsmuir Redux Case
Two weeks ago, I summarized and analyzed the arguments in Vavilov, one of the Dunsmuir redux cases that will be heard at the Supreme Court in December. I’ll now do the same for the second case, Bell/NFL, which similarly focuses on an important conceptual difficulty in the law of judicial review: the presence and implications Continue reading
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Vavilov: Doing the Administrative State’s Dirty Work
Over the next few weeks, I will be taking some time in this space to summarize the submissions in the upcoming Dunsmuir review: the cases of Vavilov and Bell/NFL. Today I will focus on Vavilov, and the proposals offered by both the Appellant (the Government of Canada) and the Respondent (Vavilov) for the standard of Continue reading
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Dunsmuir 10 Years Later
The context, aims, and aftermath of Dunsmuir Continue reading
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L’ordre et le rêve
Le contrôle judiciaire après Dunsmuir Continue reading
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Looking past Dunsmuir: Beginning Afresh
Imagining stable and generally acceptable administrative law doctrine Continue reading
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The Paradox of Simplicity
Dunsmuir failed to simplify administrative law; the framework that replaces it must account for the administrative state’s complexity Continue reading
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The Dark Art of Deference
Dubious assumptions of expertise on home statute interpretation Continue reading
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Transcending Jurisdictions
Teaching Dunsmuir in Australia Continue reading
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Deference with a Difference
Dunsmuir and Aboriginal Rights Continue reading
Double Aspect 