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Me: Administrative law is a challenging practice area. A successful advocate must understand many complex doctrines.
You: Such as?
Me: Such as the major questions doctrine, under which judges determine whether the question addressed by a regulation is major or . . . not major.
You: Such as?
Me: Such as the major questions doctrine, under which judges determine whether the question addressed by a regulation is major or . . . not major.
You: Oh, so there's a complex set of criteria for determining a question's majorness?
Me: No, judges just sort of present the answer as self evident.
Me: No, judges just sort of present the answer as self evident.
You: Ah, I get it--the complicated part is determining whether the doctrine should be considered at all in a given case.
Me: Well, no, judges just invoke it when doing so will achieve a result consistent with their policy preferences.
Me: Well, no, judges just invoke it when doing so will achieve a result consistent with their policy preferences.
You: So what sophisticated administrative lawyering techniques do you use to influence the outcome?
Me: First, I put the judges at ease by assuring them that I'm not a cat...
Me: First, I put the judges at ease by assuring them that I'm not a cat...
