Kisor Case May Positively Disrupt Technological Governance

Law360 (April 2, 2019, 2:59 PM EDT) -- The pending U.S. Supreme Court case Kisor v. Wilkie[1], argued last week, is shaping up to have a large and disruptive impact on administrative law by reopening the precedent set by 1997’s Auer v. Robbins,[2] which set a high bar for court challenges to federal agency decision making.

But this case has the potential to disrupt more than judicial deference — it may also help clear the path for some of the positive disruptions that technology is bringing to individuals’ lives.

To understand why, it’s important to think about the different regulatory challenges we face as technology changes our everyday lives...

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