Document Type
Article
Publication Date
2020
Abstract
Petitions for certiorari from the Supreme Court typically raise legal questions that are all too familiar, as cert ordinarily is available only to resolve circuit splits. Now and then, however, a case is “cert-worthy” precisely because it turns on something novel—even astonishing. Such is Monex v. Commodity Futures Trading Commission, in which the CFTC has been relying on ambiguity about the type of ambiguity that justifies its enforcement actions.
Disciplines
Administrative Law | Constitutional Law | Law
Recommended Citation
Philip A. Hamburger,
Ambiguity about Ambiguity,
Yale J. on Reg. Notice & Comment, March 11, 2020
(2020).
Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/4808