(Here is the latest edition of the Institute for Justice’s weekly Short Circuit newsletter, written by John Ross.)
In a thoughtful and provocative book, “Law’s Abnegation: From Law’s Empire to the Administrative State,” Professor Adrian Vermeule argues that judicial deference to administrative agencies is lawful, desirable, and in some sense inevitable. Evan Bernick of the Center for Judicial Engagement does not concur. Read Evan’s review essay, “Lions Under the Bureaucracy” (“Highly recommended” by the Legal Theory Blog) for a comprehensive summary and criticism of Vermeule’s arguments and a proposed alternative approach.
Until this week, if you wanted to massage horses or other animals for a living in Arizona, you had to spend four years and hundreds of thousands of dollars going to veterinary school, where you would not be taught how to massage an animal. That made no sense, so, in 2014, IJ teamed up with three experienced massage practitioners and challenged the regulation, and this week, the board officially dropped its interpretation of the state’s vet-licensing statute (which makes no mention of massage). No longer will animal massage practitioners face criminal prosecution just for earning a living. Click here to read more.