Supreme Court Decisions

PODCAST: The Demise of Chevron Deference: A Discussion with Professor David Franklin

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Summary: 

The Supreme Court continued its project of reshaping administrative law this term.  Perhaps its most widely discussed decision in this area was Loper Bright Enterprises v. Raimondo, in which the Court overruled the doctrine of Chevron deference.  How did the Chevron doctrine operate?  Why, after forty years, did the Supreme Court set it aside?  And what will judges do when interpreting regulatory statutes that are either ambiguous or silent on the question pending before the court?     

DePaul College of Law Professor David Franklin discusses these questions on this Touro Law Review podcast with Associate Dean Rodger Citron.  Franklin clerked on the United States Court of Appeals for the D.C. Circuit and the Supreme Court, has taught Administrative Law and Constitutional Law for more than a decade, and recently wrote about the Loper Bright decision for Slate, see This Supreme Court has betrayed Antonin Scalia’s legacy. (slate.com). 

Brought to you by the Touro Law Review.   

Learn more about Professor David Franklin

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PODCAST: The Supreme Court’s “Shadow Docket”

TLR BLOG

During this podcast, Associate Dean Rodger Citron and Associate Dean Tiffany Graham discuss the Supreme Court’s “shadow docket.”

The Supreme Court’s shadow docket refers to emergency decisions and other orders decided by the Court outside of its merits docket, which refers to cases decided after full briefing and oral argument. In the past few months, the Court has issued orders in a number of important cases on the shadow docket, generating substantial interest in this topic. The phrase “shadow docket” was coined in a 2015 Law Review article by Professor William Baude. (see Foreword: The Supreme Court’s Shadow Docket).

Associate Deans Citron and Graham discuss the increase in significant cases decided on the shadow docket, including the challenge to a recent Texas law restricting access to abortion, and consider the reasons for and criticism of this development.

Brought to you by the Touro Law Review. 

Our guest, Tiffany Graham, is the Associate Dean for Diversity & Inclusion and an Associate Professor of Law at Touro College, Jacob D. Fuchsberg School of Law, where she teaches Constitutional Law.

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PODCAST: Richard C. Cahn on the Loss of Judiciary Prestige

TLR BLOG

Our guest today is Richard C. Cahn, Esq., a frequent contributor to the Touro Law Review. In this interview, Mr. Cahn gives a preview of his upcoming article Restoring Trust in the Judiciary: A Critical, High-Priority Project for the Biden Administration, which will appear in the next issue of the Law Review this month. Listen as Mr. Cahn discusses his opinion regarding the loss of judiciary prestige.

Brought to you by the Touro Law Review. 

Our guest this episode is Richard C. Cahn, Esq.

Richard C. Cahn, Esq.
Richard Cahn
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