Notice & Comment

Author: Emily Bremer

Notice & Comment

Brand X is Right There in Chevron

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 […]

Notice & Comment

Call for Papers: Ninth Annual Administrative Law New Scholarship Roundtable [UPDATED]

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 […]

Notice & Comment

Call for Applications for the ABA Administrative Law Fellowship for Prospective Legal Academics

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 […]

Notice & Comment

Pre-APA Vacatur: One Data Point

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 […]

Notice & Comment

Final Agency Action on Student Loan Forgiveness: Whether, When, and How Will (and Should) it Come?

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 […]

Notice & Comment

Call for Applications for the ABA Administrative Law Fellowship for Prospective Legal Academics

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 […]

Notice & Comment

ACUS and NAPA Virtual Forum, 3/29 1-3pm ET: Senate Confirmation of Executive Branch Appointees

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 […]

Notice & Comment

Introduction to Our Symposium on the Decisional Independence of Administrative Adjudicators

*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 […]

Notice & Comment

The Bureaucracy Also Empowers the Unitary Executive

*This is the eighth post in a series on Andrew Rudalevige’s new book, By Executive Order: Bureaucratic Management and the Limits of Presidential Power. For other posts in the series, click here. The President’s power over the administrative state is typically understood as the power to direct executive branch agencies and officials to act in accord with the […]