Today’s Ad Law Reading Room entry is “Faithful Agencies,” by Brian D. Feinstein, Jody Freeman, and Sharon Jacobs. Here is the abstract: For nearly a century, Congress’s primary instrument for insulating agencies from presidential control was “independence,” expressed, quintessentially, as for-cause removal protection for agency heads. That era is over. After the Supreme Court’s decision […]
Today’s Ad Law Reading Room entry is “The Case for Administrative Law Pluralism,” by Lev Menand and Noah Rosenblum, which is forthcoming in Building Democratic Capacity: Essays on Administrative Law’s Futures (Blake Emerson, Joshua Macey, Sabeel Rahman & Bijal Shah eds., Cambridge Univ. Press forthcoming). Here is the abstract: Federal administrative law is in flux. […]
Today’s Ad Law Reading Room entry is “Sidelining the Public,” by Anya Bernstein, Glen Staszewski, and Wendy E. Wagner, which was recently posted to SSRN and published by the Arizona Law Review. Here is the abstract: This Article challenges the widely held view that Congress is the American government’s institution closest to the people, while […]
Today’s Ad Law Reading Room entry is “The Limits of Text,” by Farah Peterson, which is forthcoming in the Yale Law Journal. Here is the abstract: Let’s say the “laws” are the rules that actually constrain power, organize government, and coerce people. That is, let’s define the law as the system of rules we experience, […]
Today’s Ad Law Reading Room entry is “The Original Role of Article III in Federal Imprisonment,” by Con Reynolds, which is forthcoming in the University of Pennsylvania Law Review. Here is the abstract: Since the late 1970s, the Supreme Court has pushed federal courts to defer to prison administrators. This deferential attitude and its justifications-namely, […]
Today’s Ad Law Reading Room entry is “Revisiting Presidential Reorganization,” by Maria Ponomarenko, which is forthcoming in the George Washington Law Review’s annual administrative law issue. Here is the abstract: For much of the twentieth century, Congress repeatedly delegated to presidents the authority to “reorganize” the executive branch. Presidents from both parties used this authority […]
Today’s Ad Law Reading Room entry is “Protecting Perkins: Removal, Supervision, and Article II,” by Amy J. Wildermuth and Peyton C. Baker. Here is the abstract: With the Supreme Court almost certain to invalidate statutory removal restrictions protecting most principal officers, administrative law scholars’ gaze has turned to lower levels of the federal bureaucracy (see, […]
Today’s Ad Law Reading Room entry is “Making Broadcast Content Regulation Aggressive Again,” by Stuart Minor Benjamin. Here is the abstract: The Federal Communications Commission has statutory authority over broadcasting that far exceeds any governmental authority over online platforms, cable television, or newspapers: Every license renewal or transfer depends on the FCC’s determination that it […]
For the past year or so, I’ve been working on a project for the Administrative Conference of the United States on best practices for drafting regulatory preambles in light of recent developments in judicial review of agency action. The draft report is now available. In preparing the report, I interviewed nineteen current and former agency […]
Today’s Ad Law Reading Room entry is “Vacatur Within the Appellate Model of Judicial Review,” by Emily Bremer, which is forthcoming in the Yale Law Journal. Here is the abstract: This Article situates vacatur within a holistic account of the appellate model of judicial review that Congress codified in the Administrative Procedure Act (APA). Revisionist […]
Today’s Ad Law Reading Room entry is “Administrative Decentralization,” by David Fontana. Here is the abstract: The legitimacy of the administrative state has been challenged since it was first created. The persistent war over the administrative state now features a newly significant and largely unexamined front. Political and legal leaders from across the ideological and […]
Today’s Ad Law Reading Room entry is “Regulatory Settlement, Stare Decisis, and Loper Bright,” by Lisa Schultz Bressman and Kevin M. Stack, which was recently published in the NYU Law Review. Here is the abstract: In Loper Bright v. Raimondo, the Supreme Court adopted and deployed a particular narrative about agency action in support of […]
Today’s Ad Law Reading Room entry is “Valuing Administrative Democracy,” by Brian D. Feinstein and Daniel E. Walters. Here is the abstract: Public engagement has long sat at the heart of administrative law’s democratic aspirations. For proponents, opportunities for individuals to participate in agency decision-making help reconcile the administrative state with democratic ideals. Yet a […]
Today’s Ad Law Reading Room entry is “Immigration Venue Exceptionalism,” by Stacy Caplow and Maryellen Fullerton, which is forthcoming in the Cornell Law Review. Here is the abstract: The notion of “exceptionalism” has characterized immigration law for more than a century. Many constitutional and other traditional norms do not apply in the realm of immigration […]
Today’s Ad Law Reading Room entry is “How Not to Design Expert Bureaucracy: Lessons from Administrative Law,” by Wendy E. Wagner, which is forthcoming in the North Carolina Law Review. Here is the abstract: Can we trust our agency experts to provide reliable scientific knowledge to inform policy? This question has worried academics, policymakers, and […]