Gray Matters

Jace Lington and Bennett Nuss chat with Notre Dame Law Professor Jeffery Pojanowski about his forthcoming paper, “Faces of Formalism.” The paper explores the complexities of formalism in legal interpretation, discussing its two faces: authority and method. They delve into concrete examples, such as Gorsuch's application of textualism in the Bostock case, and examine the tensions that arise between these two aspects. Pojanowski offers some ideas about how to look for authoritative answers while respecting rules meant to limit judicial discretion.

Notes:
Faces of Formalism, Jefferey Pojanowski
Neoclassical Administrative Law, Jeffrey Pojanowski

Adam White, Jace Lington, and Bennett Nuss reflect on the significant regulatory developments of 2025, focusing on under-reported stories in the administrative state. They discuss the future of the Federal Reserve, the evolving relationships between public and private entities, the impact of repealing disparate impact laws, and the diminishing role of Congress.

Notes:
Trump Regulatory Policy: 2025 Compendium, Bridget C.E. Dooling, Notice & Comment Blog
The Brave New World of Administrative Law, Adam White and Bennett Nuss, 2024 A Hard Look Podcast

Jace Lington and Bennett Nuss discuss the implications of the Loper Bright decision on administrative law with guest Eli Nachmany. Eli’s forthcoming paper, “Deference Undisturbed,” examines the effects of theLoper Bright decision on prior cases decided under the Chevron framework. They discuss the open legal questions that remain after the end of Chevron, the role of Congress in shaping administrative law, and the future of various deference doctrines.  

Notes:
Vacatur as Complete Relief, Eli Nachmany, Cato Supreme Court Review 

Chevron Deference Was Fun While It Lasted, Eugene Scalia, Wall Street Journal

Jace Lington and Bennett Nuss discuss the implications of the Loper Bright decision on administrative law with guest Eli Nachmany. Eli’s forthcoming paper, “Deference Undisturbed,” examines the effects of theLoper Bright decision on prior cases decided under the Chevron framework. They discuss the open legal questions that remain after the end of Chevron, the role of Congress in shaping administrative law, and the future of various deference doctrines.  
Notes:
Vacatur as Complete Relief, Eli Nachmany, Cato Supreme Court Review 
Chevron Deference Was Fun While It Lasted, Eugene Scalia, Wall Street Journal

Jace Lington chats with Vulcan Technologies CEO Tanner Jones about how his company uses AI to help agencies, lawmakers, and businesses navigate the complex world of administrative law. They discuss whether AI systems will replace the industry and government consultants who usually guide people through the layers of law, regulation, and court precedent that affect our world. 

Notes:
Vulcan Technologies Website 
Restoring Legislative Authority: A Balanced Approach to Agency Deference, Jonathan Wolfson and Tanner Jones Deference article