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Introduction In the nondelegation doctrine’s “one good year,”[1] Justice Benjamin Cardozo famously denounced a portion of the National Industrial Recovery Act as “delegation running riot.”[2] …
Acknowledgement of History The Virginia Law Review, established in 1913, has enjoyed a reputation of publishing leading scholarship—pieces that have changed laws, been cited in …
The Virginia Law Review (VLR) Online is excited to announce the topic for our second annual essay competition. This competition is open to all current …
Nearly sixty years after the passage of the Fair Housing Act (FHA), racial segregation, housing discrimination, and consequent disparities in health and opportunity stubbornly persist. …
Each year, millions of Americans rely on public defenders to fulfill their Sixth Amendment right to counsel. Despite being the linchpin of the criminal justice …
The Trump Administration’s assault on the administrative state has received significant attention. But it is a mistake to interpret the weakening of the administrative state …
The Supreme Court has amplified Article II appointments and removal power over formal administrative adjudication. Both those in favor of and against this trend share …
Over the last decade, federal regulations have faced increasingly more challenging hurdles. The Supreme Court’s 2024 decision in Loper Bright, putting an end to Chevron …
The foundations of the administrative state are being reshaped, both by the continuing transformations of administrative law doctrine by the courts and by the ambitions …
In overturning Chevron, the Supreme Court’s Loper Bright decision clearly changed the way in which courts must approach judicial review of agency actions interpreting statutes. …
Administrative law is undergoing a tremendous amount of change. Presidential administrations have abandoned long-held practices and embraced new strategies to make policy through adjudication and …
Agency rulemakings are a critical component of contemporary governance. This Article argues that there are a distinct set of modalities that characterize how agencies formulate …