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Delegation of legislative authority

United States v. Mead: Complicating the Delegation Dance

On June 18, 2001, the U.S. Supreme Court decided United States v. Mead Corp.,1 the third time in the last two years that the Court has directly addressed the question of when the deference authorized by...

The Nondelegation Doctrine: Fledgling Phoenix or Ill-Fated Albatross

Prior to the New Deal, the American judiciary was highly suspicious of regulatory legislation, which was viewed as upsetting the common law's support for private property interests and freedom of contract. Laissez-faire policies reigned...