The 1970s have been aptly described by expert observers of the federal administrative process as the “era of rulemaking.” To an astounding degree, a system which previously had established law and ...

Adrian Vermeule is the Ralph S. Tyler, Jr., Professor of Constitutional Law at Harvard Law School. The upshot is that the Supreme Court should proceed with great caution in this area. Any blithe ...

Lumen N. Mulligan is Professor of Law and Director of the Shook, Hardy & Bacon Center for Excellence in Advocacy at the University of Kansas School of Law. Glen Staszewski is the A.J. Thomas Faculty ...

Sometimes the question is asked whether the Administrative Procedure Act authorizes courts to give national injunctions, because it says that a "reviewing court shall . . . hold unlawful and set aside ...