BCU Law School American Constitutional Law experts present seminar on Administrative Law and U.S. Supreme Court

University News Last updated 25 April 2023

Dr Ilaria Di Gioia, a Senior Lecturer in Law and Associate Director for the Centre for American Legal Studies at BCU School of Law, has joined a panel of scholars to discuss the United States’ administrative state and the current decision-making in the United States Supreme Court.

The event, organized by the UCL Department of Political Science and the Centre on US Politics, was chaired by Dr Colin Provost. Dr Di Gioia presented alongside Professor James Tierney from Havard Law School and Professor Rachel Augustine Potter from the University of Virginia.

U.S Supreme Court

The panel examined how the current conservative super-majority in the U.S. Supreme Court affects policy-making dynamics. Dr Di Gioia offered an overview of the history of administrative delegation and discussed the cases of Chevron and Mead. She argued that Mead represents the explanation of the theoretical foundation of administrative deference and that its ‘step 0’ is the connecting ring between the non-delegation doctrine and administrative deference.

Dr Di Gioia then highlighted that the dissents and the concurrences in Kisor v. Wilkie (2019) and Gundy v. United States (2019) had prepared the ground for the development of the ‘major question’ doctrine and the current shift in the jurisprudence in West Virginia v. EPA.

The panel also discussed how similar future decisions could profoundly affect federal policy implementation and law enforcement, possibly shifting powers to state and local governments. 

Dr Di Gioia said:

The Centre for American Legal Studies at BCU is involved in legal matters pertaining to the USA such as federalism and intergovernmental relations, the nature of judicial process and the administration of criminal justice. As an Associate director for the Centre, Dr Di Gioia’s research and participation in the event fit within the Centre’s research streams.

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