Practical Applications of the Major Questions Doctrine
17 Pages Posted: 25 Mar 2024
Date Written: February 6, 2024
Abstract
This article examines major questions doctrine cases to date and argues that the doctrine is likely to apply on a per se basis with some issues. Additionally, the article posits that the doctrine can be applied in an objective manner. The authors identify two factors that should determine when the doctrine is likely in play.
Suggested Citation: Suggested Citation
Wake, Luke and Schiff, Damien M., Practical Applications of the Major Questions Doctrine (February 6, 2024). Harvard Journal of Law and Public Policy, Forthcoming, Available at SSRN: https://ssrn.com/abstract=4737015
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