This Article critiques existing and nascent rules limiting federal agency authority in the name of federalism. Those rules presently bind agencies even more tightly than Congress. For instance, while Congress can regulate to the limits of its commerce power with a sufficiently clear statement of...

The doctrine of duress allows a party to a contract to avoid its contractual obligations when it was induced to enter that contract by a wrongful threat while in a dire position that leaves it no choice but to enter the contract. Although threats of criminal or tortious conduct clearly are...

Existing literature on the contract law doctrine of duress identifies a number of tests to determine conditions under which a contract can be voided. No article provides a specific and formal economic analysis on the link between rent-seeking and the conditions under which allowing a defense of...

This article is a short essay that uses an economic analysis of the need for and potential abuses of eminent domain used to transfer property from one private entity to another. It adds to the current literature by suggesting that states can establish mechanisms for evaluating and compensating...

This essay responds to claims that the quot;newquot; nondelegation doctrine, applied by D.C. Circuit Judge Stephen Williams in American Trucking Association, Inc. v. EPA, 175 F.3d 1027 (D.C. Cir. 1999), advances the rule of law. The Supreme Court has generally favored ex post over ex ante...

This is a condensed version of the authors' longer work, quot;Administrative Law's Federalism: Preemption, Non delegation, and Agencies at the Edge of Federal Power,quot; Duke Law Journal, Vol. 57, p. 1933, 2008. It offers a short, accessible overview of our argument that (contra the apparent...

In many instances, an agency has to decide whether to devote its resources to address a problem that is within its statutory authority to regulate. Many scholars of "hard look" judicial review of agency regulation have asserted that such review raises the costs to agencies of regulating and...

This Essay uses the “legislative process failure theory of statutory interpretation” to analyze whether the Affordable Care Act authorizes tax subsidies for individuals who enroll in health care plans through federally created American Health Benefit Exchanges. The Supreme Court recently...