Yale Journal on

Regulation

Content on this page requires a newer version of Adobe Flash Player.

Get Adobe Flash player

A Journal of the Yale Law School

Content on this page requires a newer version of Adobe Flash Player.

Get Adobe Flash player

Abstracts

Latest Post on Notice & Comment

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...

Agency Power in Immigration, by Bijal Shah
JREG Notice and Comment - Friday, February 12, 2016

In many ways, the burgeoning study of the bounds of the President's power lies at the intersection of administrative and immigration law. A related area in which I have a special interest is the exercise of power by officials below the level of the president. In my view, the rich literature on agencies’ activity is worth mining to better understand how agencies affect the exercise of immigration plenary power, and can benefit the broader, relatively nascent exploration of the ways in which agencies alter the executive branch’s authority overall. Relevant questions include: how and why do agency bureaucrats and executive branch leadership (besides the President) alter immigration decision making? What is the impact of these often endogenous changes to administrative structures on the quality of immigration policy? And what do these dynamics tell us about the exercise of administrative discretion as a whole, and its influence on the magnitude and contours of the executive branch’s power?  Read more...

DAPA, "Lawful Presence," and the Illusion of a Problem, By Anil Kalhan
JREG Notice and Comment - Friday, February 12, 2016

In an essay published earlier this week, Prof. Michael Kagan expresses concern that “one aspect” of the Obama administration’s executive actions on immigration might be vulnerable when the Supreme Court adjudicates United States v. Texas later this year. In particular, Kagan worries that the plaintiffs might “have a valid point” when they assert that the administration’s initiatives—Deferred Action for Parents of Americans and Lawful Permanent Residents and its predecessor, Deferred Action for Childhood Arrivals—improperly purport “to make lawful something that Congress has made unlawful.” Kagan’s concern rests principally—and possibly in its entirety—on a stray line in the memorandum issued by Homeland Security Secretary Jeh Johnson to establish DAPA and expand DACA, which states that “deferred action ... means that, for a specified period of time, an individual is permitted to be lawfully present in the United States” (emphasis added).

  Read more...

Special thanks to our Platinum Sponsor,

L O A D I N G