Chevron deference

Non-Sequiturs

Non-Sequiturs: 08.26.18

* Jane Genova explores the implications of Jones Day's representation of the embattled Cardinal Donald Wuerl, former bishop of Pittsburgh. [Law and More] * Why did President Trump (or his personal lawyers) allow White House Counsel Don McGahn to speak so freely to special counsel Robert Mueller? Here are some thoughts from veteran litigator Joel Cohen. [The Hill] * As I recently discussed with Judge Jeffrey Sutton, Chevron-style deference to administrative agencies is being reconsidered in a number of states -- and you can add Ohio to that list, as Eugene Volokh notes. [Volokh Conspiracy / Reason] * Charles Glasser calls out the Washington Post for its selective invocation of the value of transparency. [Daily Caller] * If you're an ambitious law student or lawyer, then you need to watch your words on social media, as this report from Patrick Gregory makes clear. [Big Law Business] * The justices will consider more than 1,000 certiorari petitions at the "long conference" on September 24 -- and Adam Feldman identifies some of the standouts. [Empirical SCOTUS] * Speaking of SCOTUS, if you'll be in or near New Haven this coming Wednesday, please join me and Linda Greenhouse for a wide-ranging discussion of President Trump's transformation of the federal judiciary. [Yale Federalist Society] * The World Bank launches the world’s first BONDI, or "blockchain operated new debt instrument," with an assist from King & Wood Mallesons. [Artificial Lawyer]

By David Lat
Morning Docket

Morning Docket: 01.13.17

* The University of Houston Law Center and the South Texas College of Law Houston (formerly known as the Houston College of Law and the South Texas College of Law) still haven't been able to resolve their trademark tiff. A judge has encouraged both law schools to "keep at it" to avoid a trial. [Houston Chronicle] * Earlier this week, the House of Representatives passed the Regulatory Accountability Act of 2017, a bill ending Chevron deference -- perhaps the most important principal of administrative law. Apparently it will be much better for job creation and economic growth if judges ignore regulatory agencies' legal interpretations. [Law360 (sub. req.)] * Leslie Caldwell, the head of the Justice Department's criminal division, will be stepping down from her post today. She has no idea what's ahead of her aside from a trip to the Caribbean next week. As far as her prospective successor is concerned, she thinks accessing data on encrypted devices will be "problem No. 1 to address." [WSJ Law Blog] * A New Jersey judge has refused to dismiss a gubernatorial candidate's criminal complaint against Governor Chris Christie over the Bridgegate scandal, noting that a lower court judge "improperly denied counsel [to Christie] at a critical stage" of the case. If probable cause is found, Christie may face charges, just like his colleagues. [Reuters] * "Even if we could justify the need ... it is far from clear that the funding case could be made...." Given the turmoil at Charlotte Law, people are wondering whether it would be a good idea for UNC Charlotte to open a law school. Just because one law school may be closing, it doesn't mean that another needs to open in its place. [Charlotte Observer]

By Staci Zaretsky