Philip Hamburger‘s Is Administrative Law Unlawful? has been getting much attention in the blogosphere recently. Hamburger guest-blogged at the Volokh Conspiracy — and his series of posts laid out his position, an emphatic “Yes”, with admirable clarity — and his detractors (Adrian Vermeule, here and here) and supporters (Gary Lawson, Michael Ramsey) are now hammering […] Read more

Here is an interesting case about judicial review of regulations with, in the background, a hint that regulatory power was used to hinder an emerging business model Sobeys West Inc. v. College of Pharmacists of British Columbia, 2014 BCSC 1414. Using its broad statutory powers, the College prohibited pharmacy loyalty schemes, the practice of giving […] Read more

There are shades of the Hart vs. Fuller debate in the disagreement between Scalia J. and Breyer J. in last week’s greenhouse gases case: UARG v. EPA. As part of a much wider debate about the relationship between law and morality, Hart and Fuller jousted over a rule prohibiting vehicles in the park. To simplify […] Read more