Notice & Comment

Author: Daniel Deacon

Notice & Comment

Ad Law Reading Room: “Ghostwriting Federalism,” by Adam S. Zimmerman

Today’s Ad Law Reading Room entry is “Ghostwriting Federalism,” by Adam Zimmerman, which was recently published by the Yale Law Journal and posted to SSRN. Here is the abstract: Notwithstanding the Supreme Court’s admonition that federal authorities should not “unduly interfere” with state government, federal agencies frequently write state laws. They draft model state acts. […]

Notice & Comment

Ad Law Reading Room: “After Courts: Democratizing Statutory Law,” by Ryan D. Doerfler & Samuel Moyn

Today’s Ad Law Reading Room entry is “After Courts: Democratizing Statutory Law,” by Ryan D. Doerfler & Samuel Moyn, which is forthcoming in the Michigan Law Review. Here is the abstract: In Federalist No. 78, Alexander Hamilton argued for locating interpretive authority over law separately from those institutions tasked with formulating it. Hamilton’s vision, never […]

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Ad Law Reading Room: “FDA Leads, States Must Follow,” by Catherine M. Sharkey and Daniel J. Kenny

Today’s Ad Law Reading Room entry is “FDA Leads, States Must Follow,” by Catherine M. Sharkey and Daniel J. Kenny, which is forthcoming in the Washington University Law Review. Here is the abstract: As deference to administrative agencies has steadily come under attack, the FDA is a desert oasis. Courts have long deferred to the […]

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Ad Law Reading Room: “Governing by Assignment,” by Isaac Cui, Daniel E. Ho, Olivia Martin, and Anne Joseph O’Connell

Today’s Ad Law Reading Room entry is “Governing by Assignment,” by Isaac Cui, Daniel E. Ho, Olivia Martin, and Anne Joseph O’Connell, which is forthcoming in the University of Pennsylvania Law Review. Here is the abstract: A pillar of administrative law is expertise, but government is increasingly missing experts. The U.S. federal government faces a […]

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Ad Law Reading Room: “Not-So-Special Solicitude,” by Katherine Mims Crocker

Today’s Ad Law Reading Room entry is “Not-So-Special Solicitude,” by Katherine Mims Crocker. Here is the abstract: In a high-profile case last term about state standing to sue in federal court, Justice Gorsuch deemed it “hard not to wonder why” the majority said “nothing about ‘special solicitude.’” The silence was indeed surprising, for in a […]

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Ad Law Reading Room: “Second-Class Administrative Law,” by Matthew Lawrence

Today’s Ad Law Reading Room entry is “Second-Class Administrative Law,” by Matthew Lawrence, which is forthcoming in the Washington University Law Review. Here is the abstract: Administrative law ordinarily presumes that someone hurt by “arbitrary and capricious” agency action may seek relief in federal court unless Congress says otherwise. Administrative law does the opposite, however, […]

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Ad Law Reading Room: “The Myth of the Federal Private Nondelegation Doctrine,” by Alexander Volokh

Today’s Ad Law Reading Room is “The Myth of the Federal Private Nondelegation Doctrine,” by Alexander Volokh, which was recently published by the Notre Dame Law Review and posted to SSRN. Here is the abstract: Judges and scholars have often claimed that delegations of governmental power to private parties are constitutionally prohibited. However, such a […]

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Ad Law Reading Room: “Juristocracy and Administrative Governance: From Benzene to Climate,” by Rachel Rothschild

Today’s Ad Law Reading Room entry is “Juristocracy and Administrative Governance: From Benzene to Climate,” by Rachel Rothschild. Here is the abstract: In a series of recent decisions culminating in West Virginia v. EPA, the Supreme Court relied on the newly named “major questions doctrine” to strike down agency regulations that protect public health and […]

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Ad Law Reading Room: “Saving Agency Adjudication,” by Aaron L. Nielson, Christopher J. Walker, and Melissa F. Wasserman

Today’s Ad Law Reading Room Entry is “Saving Agency Adjudication,” by Aaron L. Nielson, Christopher J. Walker, and Melissa F. Wasserman. Here is the abstract: When discussing the federal judiciary, commentators typically fixate on the 800 or so “Article III” judges who are nominated by the President, confirmed by the Senate, and enjoy life tenure […]

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Ad Law Reading Room: “Internal Revenue’s External Borders,” by Shayak Sarkar

Today’s Ad Law Reading Room Entry is “Internal Revenue’s External Borders,” by Shayak Sarkar, which is forthcoming in the California Law Review. Here is the abstract: The mandate of tax agencies seems clear: to secure revenue for the government and ensure taxpayer compliance. Yet for decades, the Internal Revenue Service (IRS) has regularly facilitated violent […]

Notice & Comment

Ad Law Reading Room: “Administrative Law: A Public Casebook for the American Public Law System,” by Daniel Walters

Today’s Ad Law Reading Room entry is a bit different. There’s no abstract. There’s not even an article! Instead, I wanted to flag Daniel Walters’ new open-access administrative law casebook, “Administrative Law: A Public Casebook for the American Public Law System.” You can download the casebook from SSRN, but it’s also available over the H2O […]