A vigorous debate recently has emerged over whether the APA authorizes federal courts to vacate agency action on judicial review. Perhaps because this debate is an outgrowth of the longer-running dispute over “nationwide” or “universal” injunctions, it is operating on the premise that vacatur is a remedy, like an injunction or a declaratory judgment. I’m […]
Reposting with updated deadline of Monday, March 11! The University of Notre Dame is pleased to host the 9th Annual Administrative Law New Scholarship Roundtable on June 25-26, 2024. For the past eight years, the Roundtable has offered administrative law scholars an excellent opportunity to get feedback on their work from distinguished scholars in a […]
As a reminder, the deadline to submit an abstract for the 9th Annual Administrative Law New Scholarship Roundtable is TOMORROW, Friday, March 1 [UPDATE: the deadline has been extended to Monday, March 11]. The call for papers is reprinted below: ____ The University of Notre Dame is pleased to host the 9th Annual Administrative Law […]
The Supreme Court recently heard oral argument in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce, and so the administrative law world is (especially) abuzz about the possible imminent demise of Chevron deference. Wrapped up in the conversation is the future of a related case, Brand X, in which the Supreme […]
The University of Notre Dame is pleased to host the 9th Annual Administrative Law New Scholarship Roundtable on June 25-26, 2024. For the past eight years, the Roundtable has offered administrative law scholars an excellent opportunity to get feedback on their work from distinguished scholars in a collaborative setting. Approximately twelve authors will be selected to […]
The American Bar Association’s Section of Administrative Law and Regulatory Practice (the Section) is pleased to invite applications for its ABA Administrative Law Fellowship. The fellowship, established in 2021, aims to diversify the cohort of legal academics in administrative law and regulatory practice by positioning lawyers currently in practice to be successful job candidates in […]
The Notre Dame Law Review hosts an annual symposium on Federal Courts, Practice & Procedure, and this year’s symposium was on the History of the APA & Judicial Review. The event was held in January 2023 at Notre Dame Law School and the print volume, which has just been published, offers a terrific set of […]
In the recent and ongoing debate over administrative remedies, Professor John Harrison has argued that the drafters of the APA would not have been “familiar with a pre-enforcement remedy of vacatur distinct from injunctions and declaratory judgments.” I’m skeptical. Here I offer just one data point that has informed my skepticism. This tidbit comes from […]
Reposting with updated deadline! The University of Texas School of Law is pleased to host the eighth annual Administrative Law New Scholarship Roundtable on May 16-17, 2023. Although we recognize that pandemic conditions could change at any point, the current plan is to hold this event in person on the University of Texas-Austin campus. The Roundtable […]
The University of Texas School of Law is pleased to host the eighth annual Administrative Law New Scholarship Roundtable on May 16-17, 2023. Although we recognize that pandemic conditions could change at any point, the current plan is to hold this event in person on the University of Texas-Austin campus. The Roundtable is an opportunity for […]
In August, the Biden Administration announced its plan for student loan forgiveness outside of the recently expanded Public Service Loan Forgiveness program. In the debate over the this new program’s lawfulness, a common argument is that the program’s critics have been too hasty. They should wait, it is argued, for the Department of Education’s final […]
The American Bar Association’s Section of Administrative Law and Regulatory Practice (the Section) is pleased to invite applications for its ABA Administrative Law Fellowship. The fellowship, established in 2021, aims to diversify the cohort of legal academics in administrative law and regulatory practice by positioning lawyers currently in practice to be successful job candidates in […]
The Administrative Conference of the United States and the National Academy of Public Administration are hosting a forum, Advice and Consent: Problems and Reform in the Senate Confirmation of Executive Branch Appointees, on March 29 (1-3pm ET). Register to attend the virtual event here. Description: The federal government relies on political appointees and career civil servants to operate […]
*This is the introduction to a symposium on the decisional independence of administrative adjudicators. For other posts in the series, click here. In the 75 years since Congress enacted the Administrative Procedure Act (APA), administrative adjudication has slid slowly but inexorably into crisis. Myriad forces have combined to undo the statute’s most crucial component: its […]
I joined the Notice & Comment team five years ago* and started doing a regular series reporting on the goings-on at the Administrative Conference of the United States (ACUS). I’ve really enjoyed the opportunity to alert you, dear reader, to ACUS’s important work. But I must admit that my bandwidth for the series has become […]