Notice & Comment

Author: Emily Bremer

Notice & Comment

Join Us on Clubhouse Wednesday Night for New Scholarship!

As I’ve noted previously, Neysun Mahboubi has put together a series of Clubhouse conversations this summer about recent administrative law scholarship. Join us this Wednesday, August 25 at 8:30 pm Eastern to discuss Noah Rosenblum’s new article, The Antifascist Roots of Presidential Administration, which is forthcoming in the Columbia Law Review. The discussion will begin with Noah, […]

Notice & Comment

Add a Side of Adjudication to Your Lunch This Wednesday

As I noted last month, Neysun Mahboubi has put together a series of Clubhouse conversations this summer about recent administrative law scholarship. Join us this Wednesday, July 28 at noon Eastern to discuss my forthcoming Washington University Law Review article, The Rediscovered Stages of Agency Adjudication. It’ll make you see APA adjudication in a whole […]

Notice & Comment

Richard J. Pierce, Jr. on the Harmful Public Misperception that Rulemaking is a Plebiscite (ACUS Update)

Over the past two days, I’ve posted a mini-symposium of separate statements filed by ACUS members in response to Recommendation 2021-1, Managing Mass, Computer-Generated, and Falsely Attributed Comments. The third and final contribution comes from Senior Fellow Richard J. Pierce, Jr. (GW Law) (it is an abbreviated version of a statement that is on the ACUS website): […]

Notice & Comment

Nina A. Mendelson on the Value of Comments from Individual Members of the Public (ACUS Update)

Yesterday, I posted the first of three separate statements filed by ACUS members in response to Recommendation 2021-1, Managing Mass, Computer-Generated, and Falsely Attributed Comments. The second statement comes from Senior Fellow Nina A. Mendelson (Michigan Law): This Recommendation, the product of much hard work, will help guide agencies managing mass comments and addressing falsely attributed […]

Notice & Comment

Randolph J. May on Mass Comments and the FCC’s Net Neutrality Proceedings (ACUS Update)

As I noted yesterday, ACUS’s newly adopted Recommendation 2021-1, Managing Mass, Computer-Generated, and Falsely Attributed Comments generated three separate statements.  Separate statements are permitted by the Administrative Conference Act (5 U.S.C. 595(a)(1)) and the agency’s bylaws (Section 302.6(d)(1)). They are relatively rare and typically used to register disagreement with a recommendation the Assembly has voted to […]

Notice & Comment

Four New Recommendations, Three Separate Statements, and One Committee Meeting in July (ACUS Update)

At its 74th Plenary Session in June, the Assembly of the Administrative Conference of the United States adopted four new recommendations. One of these (Recommendation 2021-1, Managing Mass, Computer-Generated, and Falsely Attributed Comments) provoked three (!) separate statements, from Senior Fellows Randy May, Nina Mendelson, and Dick Pierce. The dialogue offers a fascinating window into […]

Notice & Comment

Summertime Scholarship Conversations

For those interested in new scholarship in constitutional and administrative law, Neysun Mahboubi has organized a summer discussion series on the Law and Governance channel on Clubhouse. The first event is tomorrow, June 30 at 8:30 pm EDT. Calvin Terbeek will be in the hot seat, discussing his new article in the American Political Science […]

Notice & Comment

The APA, Due Process, and the Limits of Textualist Positivism, by Emily S. Bremer

*This is the fifth post in a series on Cass Sunstein and Adrian Vermeule’s new book Law and Leviathan: Redeeming the Administrative State. For other posts in this series, click here. In their book, Law and Leviathan, Cass Sunstein and Adrian Vermeule seek to “recover and renew the force” of a collection of natural or […]

Notice & Comment

ACUS is Hiring!

The Administrative Conference of the United States is taking applications for multiple Attorney Advisor positions, with a deadline of April 30. The agency is seeking candidates with a year or more of legal experience. If you’re in a term-limited position such as a clerkship or fellowship, you should still apply! Your application is invited even […]

Notice & Comment

ACUS Publishing Six New Recommendations and One Statement (ACUS Update)

At its 73rd Plenary Session in December 2020, the ACUS Assembly adopted six new recommendations and one statement. These are all on public inspection today and set to be published in the Federal Register tomorrow. From the notice: Recommendation 2020-1, Rules on Rulemakings. This recommendation encourages agencies to consider issuing rules governing their rulemaking procedures. […]