The Powell Perspective™

06/20/2025

Publius

Supreme Court Overturns Chevron Doctrine in Landmark Ruling

This article details the Supreme Court's decision to strike down the Chevron doctrine, a 40-year-old precedent that allowed federal agencies to interpret ambiguous laws. The ruling significantly curtails executive agencies' rulemaking authority by shifting interpretive power to the judiciary, requiring courts to independently assess statutory meaning without deferring to agencies. This decision will reshape administrative law, increase litigation challenging agency actions, and pressure Congress to draft more explicit legislation. Full article - https://www.bhfs.com/insights/alerts-articles/2024/supreme-court-strikes-down-chevron-reshapes-administrative-law

Constitutional Safeguards Against Presidential Overreach

This analysis examines how constitutional principles—particularly separation of powers and anti-commandeering doctrines—constrain presidential overreach against states. It argues that state governments can challenge federal executive branch abuses through existing legal frameworks, emphasizing the Constitution’s role in preserving state sovereignty. The article highlights ongoing tensions between federal authority and states' rights, citing recent examples of state-led legal challenges to presidential actions. Full article - https://statecourtreport.org/our-work/analysis-opinion/how-constitution-constrains-presidential-overreach-against-states

The RE Doctor

Accessory Dwelling Unit Policy Task Force Final Report

This report details Maryland's strategy to address its 96,000-unit housing deficit by promoting Accessory Dwelling Units (ADUs) in single-family zones. It outlines policy recommendations developed by a state task force, emphasizing ADUs as a solution to increase affordable housing supply, support aging populations, and boost economic growth through streamlined zoning and development regulations. The task force analyzed local and state policies to create actionable frameworks for expanding residential options.
https://planning.maryland.gov/Documents/Our-Engagement/ADUPTF/2024-ADU-PTF-report.pdf

JPMorgan Chase's analysis forecasts a positive outlook for commercial real estate in 2025, highlighting robust industrial sector growth driven by e-commerce and steady performance in multifamily housing. The report identifies affordable housing as a key opportunity, alongside retail resilience and moderating office vacancies. It also addresses emerging challenges like climate-related risks and cybersecurity threats while advocating for public-private partnerships to foster innovation and portfolio diversification.
https://www.jpmorgan.com/insights/real-estate/commercial-real-estate/commercial-real-estate-trends

Skier Tom

PSIA Junior Instructor Program at Maple Ski Ridge

This program targets youth aged 12–14 who are level 6–7 skiers, offering national recognition as junior instructors through PSIA-AASI. Participants complete online modules, 12 hours of on-snow training, and 6 hours of lesson shadowing, while developing career skills like communication and group management. Graduates are guaranteed instructor positions at Maple Ski Ridge the following season, fostering community impact by creating pathways for young outdoor leaders. Full article - www.mapleskiridge.com/psia-junior-instructor-ski-program

Snowsports Performance Development Module in Breckenridge

An optional add-on to the Outdoor Instructor Training Course, this module enhances skiing technique through PSIA performance awards during a two-week Colorado stint. Based in Breckenridge, it combines daily lessons with mountain exploration to build technique, coaching skills, and terrain awareness. The package includes equipment, training, and slope-side accommodation but excludes flights and lift passes, providing a unique international dimension to instructor training. Full article - www.activeoutdoorpursuits.com/outdoor-instructor-training-courses

Founder's Paradox

The Perils of Founder Worship

This article examines the risks of idolizing startup founders, arguing that excessive founder adulation leads to inadequate governance and oversight in high-growth ventures. It advocates for early implementation of governance mechanisms, startup-specific ethics codes, rigorous VC due diligence, and traditional board structures to prevent corporate failures like FTX. The piece emphasizes that mission-driven startups must adhere to legal norms to protect stakeholders, stressing that private ordering has limits without timely governance interventions. Full article - https://clsbluesky.law.columbia.edu/2025/05/20/the-perils-of-founder-worship/

Delaware SB 21 & Easier Corporate Governance for Startup Founders

This article analyzes Delaware's Senate Bill 21 (effective March 2025), which streamlines corporate governance requirements for startups by amending the state's General Corporation Law. The reforms reduce administrative burdens for founders while maintaining accountability, allowing more flexibility in board structures and decision-making processes without compromising legal compliance. These changes aim to help startups scale efficiently while mitigating litigation risks associated with complex governance frameworks. Full article - https://www.dbllawyers.com/delaware-sb-21-and-easier-corporate-governance-for-startup-founders/

Secrets of Capital Raising

The Perfect VC Fundraising Schedule

This article outlines a strategic approach to venture capital fundraising, emphasizing the integration of events and social media to boost efficiency. It provides a weekly schedule that balances direct outreach with event-based networking, recommending hosting educational events to position firms as thought leaders while using analytics tools to track engagement and conversions. The piece also identifies warning signs of ineffective event strategies, such as low attendance rates or excessive time spent on event activities. Full article - https://govclab.com/2025/05/01/the-perfect-vc-fundraising-schedule/

Private Equity 2025: Market Shifts and Investor Priorities

This analysis examines the evolving private equity landscape, highlighting adaptation strategies amid regulatory uncertainty and fluctuating interest rates. It details how investors prioritize tangible returns, with DPI (Distributions to Paid-In Capital) replacing traditional ROI metrics, and explores key themes like direct lending and co-investments. The article also notes sector-specific trends, including energy’s shift toward private equity plays and LP preferences for fund managers with strong teams and niche expertise. Full article - https://www.ocorian.com/knowledge-hub/insights/private-equity-2025-market-shifts-and-investor-priorities