FINRA is a Double-Delegation Disaster

FINRA is a Double-Delegation Disaster

Photo by Ajay Suresh, Rights Reserved The current nondelegation doctrine may not be long for this world, evidenced by the concurrence and dissent in this term’s Gundy v. United States. In its present iteration, the doctrine allows Congress to give away legislative...
FDA Shadow Regulations Target Fido’s Dinner

FDA Shadow Regulations Target Fido’s Dinner

Answers Pet Food, a brand created by Pennsylvania-based company Lystn to provide high quality, organic pet food, is being targeted by the U.S. Food and Drug Administration for failing to comply with an unofficial, zero-tolerance policy toward naturally occurring...
Merck & Co. v. HHS: Is There a Tao of Chevron?

Merck & Co. v. HHS: Is There a Tao of Chevron?

Taoism is a Chinese philosophy that is often represented by the yin-yang—a symbol of contrasting opposites in perfect balance with each other.  From the Taoist perspective, “day” is only “day” in relationship to the night.  In other words, all things are...