Articles

Yale Notice & Comment : Administrative Deference in Ohio

July 13, 2022 | By JOHN KERKHOFF

Administrative law in Ohio has courts and practitioners flummoxed. Less than two years ago on this Blog, Ohio Supreme Court Justice Pat DeWine explained why. The state’s Chevron-like doctrine—which says courts must defer to agency constructions of ambiguous statutes—is in disarray. As Justice DeWine wrote then, not even he could “ar ...

Articles

The Orange County Register : Want due process? Don’t look to the California Coastal Commission

February 28, 2022 | By JOHN KERKHOFF

At 76-years-old and now confined to a wheelchair, David Tibbitts has long dreamed of a much-deserved retirement in a home along the California coast. He had run a successful company with his wife, Stephanie, and after years of saving, they finally hoped to enjoy their Golden Years. But that dream has turned into a nightmare … ...

Articles

The Hill : FTC tempts legal fate with power grab

November 03, 2021 | By JOHN KERKHOFF

Lina Khan had not even graduated from law school when she came onto the antitrust scene advocating reform that would amount to nothing short of a legal revolution. A few years later, Khan would be sworn in as chair of the Federal Trade Commission (FTC), the powerful independent agency long focused on antitrust enforcement and … ...