Search Results - "Sohoni, Mila"
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The major questions quartet
Published in Harvard law review (01-11-2022)“…Begin with what is uncontroversial: nobody 'likes' to see "agencies asserting highly consequential power 'beyond' what Congress could reasonably be understood…”
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THE LOST HISTORY OF THE “UNIVERSAL” INJUNCTION
Published in Harvard law review (01-01-2020)“…The issuance of injunctions that reach beyond just the plaintiffs has recently become the subject of a mounting wave of censorious commentary, including by…”
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The puzzle of procedural originalism
Published in Duke law journal (01-02-2023)“…On a daily basis, lawyers and judges consult and apply the rules of subject matter jurisdiction and personal jurisdiction. These doctrines- the workhorses of…”
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CRACKDOWNS
Published in Virginia law review (01-03-2017)“…The crackdown is the executive decision to intensify the severity of enforcement of existing laws or regulations as to a selected class of offenders or…”
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The trump administration and the law of the 'Lochner era'
Published in The Georgetown law journal (01-05-2019)“…During the Lochner era, the Supreme Court shielded liberty of contract and property rights; it privileged private ordering and restrained the reach of…”
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The past and future of universal vacatur
Published in The Yale law journal (01-05-2024)“…Universal vacatur, the judicial power to void a regulation, is a remedy rooted in the foundations of modern administrative law, not an artifact of judicial…”
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ON DOLLARS AND DEFERENCE: AGENCIES, SPENDING, AND ECONOMIC RIGHTS
Published in Duke law journal (01-05-2017)“…Agencies can change society not just by prescribing conduct, but also by spending money. The Obama administration gave us two powerful examples of this…”
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NOTICE AND THE NEW DEAL
Published in Duke law journal (01-03-2013)“…The New Deal Supreme Court revised a well-known set of constitutional doctrines. Legal scholarship has principally focused on the changes that occurred in…”
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THE POWER TO PRIVILEGE
Published in University of Pennsylvania law review (01-01-2015)“…A new and startling development has recently occurred in the law of delegation: Congress has for the first time expressly delegated to an administrative agency…”
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EQUITY AND THE SOVEREIGN
Published in The Notre Dame law review (01-05-2022)“…Equity traces its genesis to kingly power. But the new American constitutional order shattered the crown and left equity unanchored. Who or what, if anything,…”
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The Lost History of the "Universal" Injunction
Published in Harvard law review (01-01-2020)“…The issuance of injunctions that reach beyond just the plaintiffs has recently become the subject of a mounting wave of censorious commentary, including by…”
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A BUREAUCRACY - IF YOU CAN KEEP IT
Published in Harvard law review (01-11-2017)“…This article responds to Gillian E. Metzger, The Supreme Court, 2016 Term -- Foreword: 1930s Redux: The Administrative State Under Siege. In her Foreword,…”
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KING’S DOMAIN
Published in The Notre Dame law review (01-01-2018)“…In King v. Burwell, the Supreme Court called the tax-credit provision of the Affordable Care Act ambiguous-but then invoked the major questions exception to…”
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THE MAJOR QUESTIONS QUARTET
Published in Harvard law review (01-11-2022)Get full text
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AGENCY ADJUDICATION AND JUDICIAL NONDELEGATION: AN ARTICLE III CANON
Published in Northwestern University law review (01-10-2013)“…The rules governing judicial review of adjudication by federal agencies are insensitive to a critical separation of powers principle. Article III jurisprudence…”
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The administrative constitution in exile
Published in William and Mary law review (01-02-2016)Get full text
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The administrative constitution in exile
Published in William and Mary law review (01-02-2016)Get full text
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