Non-Delegation Doctrine, FTC's Non-Compete Rule and Green Guides ... Oh My!
The Justice Insiders: The Administrative State is Not Your Friend - A Conversation with Professor Richard Epstein
One of the most significant areas of the law for businesses is administrative law. From questions about a new industry-specific regulation to marshaling a defense against enforcement proceedings, any entity that is subject to...more
Last week, in a highly anticipated decision, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) concluded that Section 232 of the Trade Expansion Act of 1962 does not offend the non-delegation doctrine. To...more
In just one opinion, the landscape surrounding national security tariffs has undergone a dramatic shift. In Transpacific Steel LLC v. United States, an otherwise narrow dispute regarding steel imports from Turkey subject to...more
On Friday, August 9, 2019, in Brackeen v. Bernhardt, No. 18-11479, the U.S. Court of Appeals for the 5th Circuit declared that the Indian Child Welfare Act (ICWA) and its implementing federal regulations (“the Final Rule”)...more
On March 25, 2019, the U.S. Court of International Trade (“CIT”) issued its opinion in Am. Inst. For Int’l Steel, Inc. v. United States, a decision addressing whether Section 232 of the Trade Expansion Act of 1962 (“TEA”)...more
In late March, the U.S. Court of International Trade (CIT) issued a highly anticipated opinion addressing Section 232 of the Trade Expansion Act of 1962. Section 232 authorizes the President to take measures against imports...more
Last week, the United States Court of Appeals for the Eleventh Circuit held that a district court cannot hear constitutional challenges to an ongoing administration enforcement action of the U.S. Securities and Exchange...more