Judicial Non-Delegation, Part 3

The other day, I introduced my new article, The Inherent-Powers Corollary: Judicial Non-Delegation and Federal Common Law, which I’ve posted to SSRN. Next, I explained how the non-delegation doctrine (under current caselaw) applies to congressional delegations to the judiciary, and why it makes sense that it does. In today’s post, I explain the part of […]