D.C. Circuit Court cites Volokh article in Amtrak opinion
Today, the D.C. U.S. Circuit Court of Appeals reversed course in the Amtrak case, DOT v. Association of American Railroads. The court cites Associate Professor Alexander Volokh's Harvard Journal of Law & Public Policy article, "The New Private-Regulation Skepticism: Due Process, Non-Delegation, and Antitrust Challenges." It resolves the case "pretty much exactly how I argued it should be resolved, both relying mostly on Due Process," Volokh writes for the Volokh Conspiracy.