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A Journal of the Yale Law School

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Latest Post on Notice & Comment

Justice Scalia, a Big Bowl of Candy, and Noel Canning, by Aaron Nielson
Chris Walker - Saturday, February 13, 2016

Today is a sad day for the United States. My favorite memory of Justice Scalia involves Halloween. I don’t know if the Supreme Court does this every year, but when I was there as a law clerk, the Supreme Court invited all the children of clerks to trick-or-treat from chambers to chambers. My kids were so excited. They dressed up and hurried off to the Court. Now, no one expects the Justices to come to those events; they are very busy people. So my wife and I told our kids not to expect to meet any of them. But that day, Justice Scalia made sure he was there to hand out treats. He was the only one. My kids (and the kids of all the other law clerks) had their picture taken with him and he took time to joke about their costumes and tell stories from when he was a boy and they really played tricks. For my kids, it was one of the highlights of the entire clerkship. I’ll always remember Justice Scalia laughing and joking with a bunch of very small people over a big bowl of candy.   Read more...

D.C. Circuit Review – Reviewed: An “Inferior” Court, by Aaron Nielson
JREG Notice and Comment - Saturday, February 13, 2016

The U.S. Supreme Court reminded the world this week that while the D.C. Circuit may be the nation’s “second most important court,” the Supreme Court remains the first. In particular, the Supreme Court decided to stay the EPA’s Power Plant Rule, even though a motions panel of the D.C. Circuit (Judges Henderson, Rogers, and Srinivasan) had already rejected such a stay. Rather than freeze the regulation’s effect pending review, the motions panel opted instead to expedite briefing and ordered further that it would decide the merits rather than sending the matter to a different panel. The Supreme Court, however, stepped in and itself stayed the rule pending the D.C. Circuit’s decision and any certiorari petition.   Read more...

New Regulatory Policy Development: OMB’s Revised Guidance to Federal Agencies on Standards and Conformity Assessment, by Jeff Weiss
JREG Notice and Comment - Friday, February 12, 2016

On January 27, 2016, the White House Office of Management and Budget (OMB) published its long-awaited revision of Circular A-119 on “Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities.” The new policy was developed through an interagency process that took into account public input received during two open comment periods since 2012. It is meant to reflect and incorporate lessons learned and experience gained in the nearly two decades since the Circular was last revised in 1998. These include developments in international trade, technology, and U.S. regulatory policy (including with respect to retrospective review, open government, and international regulatory cooperation).  Read more...

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