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Tag: drafting

The Constitution and Regulating Outer Space

December 6, 2019 Laura Montgomery 1 Comment

A friend sent me an article from Reason by Jonathan Adler regarding the Constitutional non-delegation doctrine.  Its implications for the…

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Posted in: uncategorized Filed under: Administrative law, Congress, drafting, non-delegation doctrine

Space Law, Separation of Powers, and Henry VIII

October 23, 2017 Laura Montgomery

I don’t know a lot about UK law.  That won’t stop me from talking about it, of course, especially when…

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Posted in: uncategorized Filed under: drafting, regulation, rulemaking

Lessons in the Tricky Navigation of Drafting

September 18, 2017 Laura Montgomery 1 Comment

Every now and then it helps when you are working on something to see what happened with other things like…

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Posted in: uncategorized Filed under: CFR, drafting, regulation, USC

Demonstrating Compliance with a Performance Standard

March 25, 2017 Laura Montgomery

Performance standards are the new* “in” thing in the regulatory world. Everyone wants them. Everyone notes how they offer greater…

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Posted in: uncategorized Filed under: APA, drafting, regulation, rulemaking

A Request to the Regulators

March 17, 2017 Laura Montgomery

How we write things matters.  How we write regulations really matters because regulations can influence design and make people spend…

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Posted in: uncategorized Filed under: drafting, regulation

The Only Thing Worse than Ambiguity: Clarity.

August 22, 2016 Laura Montgomery 2 Comments

I’ve worked on a lot of regulations, and it seems sometimes that the only thing people hate more than vague…

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Posted in: uncategorized Filed under: drafting, regulation

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