Yale Journal on

Regulation

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A Journal of the Yale Law School

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Abstracts

Latest Post on Notice & Comment

DAPA’s Unlawful Presence Problem, by Michael Kagan
JREG Notice and Comment - Saturday, February 06, 2016

Like many immigration law professors, I have long thought that President Obama’s deferred action programs are within the Executive’s statutory and constitutional authority. But as I re-read the Fifth Circuit opinion and the briefs in US v. Texas, I am becoming persuaded that the states challenging DAPA may have a valid point about one aspect of the program.  Read more...

D.C. Circuit Review – Reviewed: Time Travel, by Aaron Nielson
JREG Notice and Comment - Saturday, February 06, 2016

This week was a quiet one at the D.C. Circuit, at least in terms of “admin law.” Aside from a couple of unanimous NLRB decisions, the court did not address regulatory issues at all. So if labor law is not your thing, feel free to take this week off—though come back next week. But if you want to stick around, this week’s theme is a fun one: We’re going to go backwards and forwards in time.   Read more...

The Federal Bureaucrats in Your Neighborhood, by Dave Owen
JREG Notice and Comment - Thursday, February 04, 2016

In his influential dissent in Garcia v. San Antonio Metropolitan Transit Authority , 469 U.S. 528 (1985). Justice Lewis Powell offered up a harsh take on federal administrative governance. “The administration and enforcement of federal laws and regulations,” he wrote, “necessarily are largely in the hands of staff and civil service employees. These employees may have little or no knowledge of the States and localities that will be affected by the statutes and regulations for which they are responsible. In any case, they hardly are as accessible and responsive as those who occupy analogous positions in state and local governments.” Id. at 576-77.   Read more...

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