loper bright – University of Baltimore Law Review

FTC’s Non-Compete Ban Faces Challenges: Chevron Deference Overturned and District Court Ruling Cast Doubts on Rule’s Validity

*William Cellitto In 1914, Congress enacted the Federal Trade Commission Act (the Act).[1] The Act established the Federal Trade Commission (the FTC)[2] and vested the FTC with the power to prevent the use of “unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce.”[3] On AprilContinue reading “FTC’s Non-Compete Ban Faces Challenges: Chevron Deference Overturned and District Court Ruling Cast Doubts on Rule’s Validity”

Fishing, Forum Shopping, and Forgetting Chevron

*Lauren Evers I. Introduction Under the Chevron doctrine, courts were required to uphold a federal agency’s interpretation of law under a two-step framework.[1] First, the context of a statute was examined to see if Congress expressed clear intent in creating the statute.[2] If the statute’s intent was clear, the agency was obligated to follow theContinue reading “Fishing, Forum Shopping, and Forgetting Chevron”