2015

Comments

Threats to Stare Decisis: The Consistency Problem

This is the second post excerpting from my paper on stare decisis in Canadian administrative law for the Canadian Institute for the Administration of Justice’s 2015 National Roundtable on Administrative Law (Moncton, Friday, May 22*): Consistency in Tribunal Decision-Making. You can read the first and second posts here and here. * This event will be rescheduled […] Read more

Comments

Threats to Stare Decisis: The Clarity Problem

This is the second post excerpting from my paper on stare decisis in Canadian administrative law for the Canadian Institute for the Administration of Justice’s 2015 National Roundtable on Administrative Law (Moncton, Friday, May 22): Consistency in Tribunal Decision-Making. You can read the first post here. —– Canadian courts have recently embraced the view that, sometimes, […] Read more

Comments

Paper Updates

My paper on Administrative Law Values is now available in revised (much shorter!) form on SSRN: download it here. Abstract: I focus in this essay on judicial review of administrative action, looking at the subject “from the inside, trying to make sense of lawyers’ reasons and arguments as they are actually presented and defended”.  Rather […] Read more

Comments

No Seminole Rocks in the Park: Perez v. Mortgage Bankers’ Association, 575 U.S. _____ (2015)

The Supreme Court of the United States decision in Perez v. Mortgage Bankers’ Association, 575 U.S. _____ (2015) (discussed here) is also notable for the concurring opinions of Justices Scalia and Thomas, which take aim at Seminole Rock deference. Pursuant to this concept, an administrative agency’s interpretation of its own regulations controls unless it is […] Read more

Comments

Exam Time

I have been busily marking exam scripts for the last couple of weeks, which in part explains the recent slowdown in blogging activity. I thought it would be fun to post my administrative law exam. It’s in French, followed — just for fun — by a Google Translate version: Lors du printemps 2015, les activités […] Read more