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My “Puzzling” Theory of Deference

My worst nightmare (which, admittedly, is a little bit different from the nocturnal terrors feared by most people) has just come to pass. Yesterday Professor Larry Solum extracted on his Legal Theory blog a piece from a recent article of mine and labelled it “puzzling”. Here is the offending passage (from this article): What Chevron […] Read more

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New Job: University Research Chair in Administrative Law & Governance, University of Ottawa (Faculty of Law, Common Law Section)

After three extraordinarily happy years in Cambridge, I am moving back to Canada, where I will seek to repay the University of Ottawa’s faith in me as a legal scholar, as the University Research Chair in Administrative Law & Governance. The University’s announcement can be found here, with more details on the website of the […] Read more

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The Limits of Public Law: J.W. v. Canada (Attorney General), 2019 SCC 20

The Indian Residential Schools Settlement Agreement was concluded in 2006, settling class actions brought against the Government of Canada and religious organizations by those who suffered abuse in residential schools. Over a period of almost 150 years, around 150,000 young First Nations, Inuit and Métis children attended Indian Residential Schools run by religious orders and […] Read more

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Artificial Administration in Action: the Robo-Debt Scandal

This is the second post in a series. The introductory post is here. In Bureaucratic Justice: Managing Social Security Disability Claims,[1] Professor Jerry Mashaw set out three influential “models” of administrative justice. Further iterations have been suggested by Michael Adler[3] and Robert Kagan,[4] but for present purposes Mashaw’s models are sufficient. A bureaucratic rationality model […] Read more