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Recent Developments in Administrative Law: The Impact on Commodities Regulation and Enforcement  


Author:  Michael Spafford.; Patricia Liverpool.; Nora Logsdon.


Source: Volume 58, Number 16, September 15 2025 , pp.219-227(9)




Review of Securities & Commodities Regulation

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Abstract: 

As the Supreme Court continues to issue landmark decisions regarding administrative law, two conflicting trends emerge. Instead of relying on the executive agencies, the Court has established its claim in deciding key legal issues via the judicial review process and interpreting the executive’s statutory authority. Yet, the Court is increasingly endorsing a unitary executive. These shifts within the administrative landscape have created both challenges and opportunities for market participants.

Keywords: Securities & Exchange Commission v. Jarkesy; Non-Delegation of Governmental Authority; Chevron Doctrine; Humphrey’s Executor and the Unitary Executive

Affiliations:  1: Paul Hastings LLP; 2: Paul Hastings LLP; 3: Paul Hastings LLP.

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