ALL THINGS REGULATORY

Commentaries on business regulation and administrative law.

The Journey Ahead

432E399C-8DB4-45AF-8726-F9EFA8D3FD47
Thank you for visiting All Things Regulatory. Government regulation impacts much of our commercial lives. Both the scope and scale of regulatory obligations on business and individuals have expanded in the last fifty years. At the same time, the procedures used by government to administer these rules also have become more complex. Continue reading “The Journey Ahead”

Commentaries

November 3, 2020

Constituimus dum vadimus

During the Second World War, the Supreme Court of United States established the rule that a government agency is bound by the explanation it gives for a decision in the record at the time made. This tenet prevents the government from making up reasons or facts later to justify a determination or action that was …

Continue reading “Constituimus dum vadimus”

November 3, 2020November 3, 2020

Over-the-Top

Likely, you learned in high school civics or government class that the United States Constitution and the various state constitutions prohibit “cruel and unusual punishments.” Thus, the government may not torture prisoners or inflict upon convicts punishment that is arbitrary or “degrading to human dignity.” The Eighth Amendment to the United States Constitution also disallows …

Continue reading “Over-the-Top”

July 5, 2019July 5, 2019

Unanticipated Consequences

Most business people understand that if they are involved in a lawsuit, the final outcome is binding. What is not universally appreciated is that contested matters decided by government agencies can have a very similar result.