Sharon Block is a Professor of Practice and Executive Director of the Center for Labor and a Just Economy at Harvard Law School. Prior to returning to Harvard, she served as the senior official delegated the duties of the Administrator of the Office of Information and Regulatory Affairs in President Joe Biden’s White House. She also served as a senior advisor to the Biden-Harris Transition team, providing advice to the policy, OMB and Labor Agency Review teams on labor, worker empowerment a...| ProMarket
James Tierney is an assistant professor at Chicago-Kent College of Law. His research focuses on the administrative law of capitalism, including the regulation of capital markets, financial intermediaries, and investment. He has also taught at University of Nebraska and Rutgers, and prior to teaching was senior counsel at the SEC's Office of the General Counsel. His recent scholarship has been published or is forthcoming in Duke Law Journal (twice); Journal of Legal Education; Michigan State L...| ProMarket
Douglas Ross is a Professor from Practice at the University of Washington School of Law, where he teaches antitrust, administrative Law, and health law courses. He started his career at the U.S. Department of Justice’s Antitrust Division before moving to Seattle and entering private practice at Davis Wright Tremaine LLP. He focused on antitrust and health care at the firm before transitioning to academia.| ProMarket
Blaine G. Saito is an Assistant Professor of Law at the Ohio State University, Moritz College of Law, where he specializes in taxation. His work focuses on how tax law shapes social policy, how the tax system is managed, and tax’s interaction with democratic ideals.| ProMarket
Adam Crews is an Assistant Professor of Law at Rutgers Law School, where he teaches and writes in the areas of administrative law, federal courts and procedure, and statutory interpretation. Before entering academia, he served in the Federal Communications Commission’s Office of General Counsel as an appellate attorney defending the agency’s rules and orders in federal courts nationwide| ProMarket
James Tierney finds that Loper Bright, the latest ruling in a rash of Supreme Court cases undermining the Securities and Exchange Commission’s authority, will limit the agency’s intervention in the market and produce uncertainty for businesses as they guess which rules will survive the judicial review.| ProMarket
Douglas Ross writes that for most of its history, the Federal Trade Commission did not rely on the Chevron doctrine to enforce its mandate to prohibit “unfair methods of competition” and “unfair or deceptive acts or practices.” Thus, Loper Bright will not significantly alter the FTC’s historical role in regulating competition. However, the Chevron doctrine could have been a useful ally to the current FTC, which under Chair Lina Khan has pursued more ambitious rulemaking, such as to ...| ProMarket
Sharon Block writes that after Loper Bright, there remain many questions about how the courts will treat the discretionary rulemaking authority of the National Labor Relations Board to protect workers’ right to choose to join unions and act collectively. While precedent suggests the NLRB could retain most of its power to issue and enforce rules, the recent history of a Supreme Court that has shown little favor toward workers or government intervention suggests a narrower reading of the NLRB...| ProMarket
Blaine Saito writes that the end to the Chevron deference doctrine could lead to a return to the National Muffler standard that grants judicial deference to long-standing agency rules and rules promulgated contemporaneously with Congressional statute. This may mean that the courts overturn newer taxation rules, though the Internal Revenue Code provides explicit discretionary rulemaking power to the Treasury and Internal Revenue Service, which should further limit Loper Bright’s impact on th...| ProMarket
Adam Crews writes that Congress’s expressly broad grants of rulemaking power mean that the Supreme Court’s Loper Bright decision limiting federal agencies’ discretion will likely affect the Federal Communications Commission less than some other federal agencies. Instead, the major questions and nondelegation doctrines pose greater threats to the FCC’s regulatory discretion.| ProMarket
