Introduction

A recent Supreme Court decision looks to lop off a huge chunk of power at state regulatory agencies like the FTC and the SEC. Richard Epstein: The success of failure of substantive legal series often depends upon the procedural context in which they are raised. He says most people would say going right back to Roman times and straightforward is that the parties who process you cannot be the parties who decide.Epstein: Government can drag out any particular case that comes before them for an eternity of time so that the people who come there are going to find it in necessity that they have to settle the case because they don't have private resources to battle the government.