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Latest Post on Notice & Comment

AALS Journal of Legal Education Symposium on Legislation and Regulation in 1L Curriculum
Chris Walker - Tuesday, October 06, 2015

Last week the Journal of Legal Education, which is the official legal pedagogy journal of the Association of American Law Schools (AALS), published a terrific symposium issue on legislation and regulation in the first-year law school curriculum. It's great to see the issue in print. You can access the full version for free here Read more...

Judge Easterbrook Identifies Vehicle for Supreme Court to Reconsider Auer Deference, by Chris Walker
Chris Walker - Monday, October 05, 2015

Today, in his concurrence in the denial of rehearing en banc in Bible v. United States Aid Funds, Inc. (7th Circuit), Judge Easterbrook serves up an excellent vehicle (at least in his opinion) for the Supreme Court to reconsider Auer deference in administrative law. (HT Will Baude)   Read more...

D.C. Circuit Review – Reviewed: Confessions (Pedagogy Edition), by Aaron Nielson
JREG Notice and Comment - Saturday, October 03, 2015

I have a dark confession: I probably won’t teach exhaustion to my administrative law students. My syllabus covers ripeness/standing, the “final agency action” requirement, mootness, and, yes, exhaustion. But to my shame, I include this disclaimer: “May be cut if insufficient time.” Sure, I try to justify this decision to myself. I think: “Well, with just three credits, it is hard to teach everything. Realistically, what can I cut? Formal rulemaking? Come on. And if students are interested in these sorts of questions, they really should take Federal Courts anyway, which, ehh, you know, kind of touches on some of these topics.” Lawyers are good at self-justification. But my heart is uneasy. Can someone really take administrative law without learning exhaustion? It’s certainly not covered in “Leg Reg.” Thankfully, this week the D.C. Circuit offered an excellent tutorial.  Read more...

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