Today’s Ad Law Reading Room entry is “Officers at Common Law,” by Nathaniel Donahue, which is forthcoming in the Yale Law Journal. Here is the abstract: The Framers of the federal Constitution said almost nothing about how subordinate officers would be held accountable. This Article provides one overlooked explanation for this longstanding puzzle. The Constitution […]
Today’s Ad Law Reading Room entry is “Rubber Stamps,” by Adam M. Samaha. Here is the abstract: Rubber-stamping is more often alleged than understood. The basic idea involves someone with formal authority following the views of another actor without serious second thought. Such arrangements are broadly disreputable yet terrifically common in government, and they lack […]
Today’s Ad Law Reading Room entry is “Loper Bright’s Disingenuity,” by Cary Coglianese and David Froomkin. Here is the abstract: Loper Bright prompted a tidal wave of reaction throughout the legal community when the Supreme Court announced it was overruling Chevron, the most frequently cited Court decision in administrative law. But Loper Bright cannot mean […]
Today’s Ad Law Reading Room brings two entries. The first is “Presidential Brokering in the Regulatory State,” forthcoming in the George Washington Law Review, by Jennifer Nou. The second is “The Chadha Presidency,” by Josh Chafetz. Here is Nou’s abstract: Presidents seeking to make regulatory policy face formidable hurdles, most recently heightened litigation risk, reduced […]
Today’s Ad Law Reading Room entry is “The Gray Area: Finding Implicit Delegation to Agencies after Loper Bright,” by Matthew Stephenson. Here is the abstract: In Loper Bright v. Raimondo, the Supreme Court overruled Chevron v. Natural Resources Defense Council and repudiated Chevron’s the across-the-board presumption that statutory ambiguities should be treated as implied delegations […]
Today’s Ad Law Reading Room entry is “New Challenges for Federal Regulations: Executive Branch Responses,” by Richard L. Revesz, which is forthcoming in the NYU Law Review. Here is the abstract: Over the last decade, federal regulations have faced increasingly more challenging hurdles. The Supreme Court’s 2024 decision in Loper Bright v. Raimondo, putting an […]
Today’s Ad Law Reading Room entry is “Designing Policymaking Mechanisms for Regulatory Dynamism,” by Julie E. Cohen, Nina-Simone Edwards, Meg Leta Jones, and Paul Ohm. Here is the abstract: The administrative state is struggling to counter the harms of today’s information economy. Existing mechanisms for policymaking fall short both substantively and procedurally. Substantively, regulators face […]
Today’s Ad Law Reading Room entry is “The Lost English Roots of Notice-and-Comment Rulemaking,” by Rephael G. Stern, which was recently published by the Yale Law Journal and posted to SSRN. Here is the abstract: Notice-and-comment rulemaking is arguably the most important procedure in the modern administrative state. Influential accounts even frame it as the […]
Today’s Ad Law Reading Room entry is “Appropriations Presidentialism,” by Matthew B. Lawrence, Eloise Pasachoff, and Zachary S. Price, which is forthcoming in the Georgetown Law Journal Online. Here is the abstract: The executive branch is attempting to change how federal spending works by asserting unilateral authority to condition, delay, cancel, or otherwise disrupt federal […]
Today’s Ad Law Reading Room delivers a twofer (you’re welcome). The first entry is “Presidential Administration After Arthrex,” by Noah A. Rosenblum & Roderick M. Hills, Jr. The second is “Science and Politics in Public Health Regulation,” by Samuel R. Bagenstos. Here is Rosenblum and Hills’ abstract: The federal government employs over 2 million civilian […]
Today’s Ad Law Reading Room entry is “Rethinking the Administrative-Remand Rule,” by Matthew J. Sanders, which is forthcoming in the Stanford Law Review. Here is the abstract: With a few exceptions, the federal courts of appeals have jurisdiction over—and only over—“final decisions” of the district courts. There is a little-known but highly consequential rule, known […]
Today’s Ad Law Reading Room entry is “The Public Law of Public Utilities,” by Joshua Macey and Brian Richardson, which is forthcoming in the Yale Journal on Regulation. Here is the abstract: This Article describes the constitutional history of public utility regulation to make sense of apparent puzzles and inconsistencies in modern administrative law. First, […]
Today’s Ad Law Reading Room entry is “Standard Textualism,” by James Macleod. Here is the abstract: For as long as legal scholars have been writing about the rules-versus-standards distinction, textualism has been presumed to produce typically rule-like law. This Article argues for the opposite view. Far from generating the “law of rules” that Scalia famously […]
Today’s Ad Law Reading Room entry is “The Administrative State’s Second Face,” by Emily Chertoff and Jessica Bulman-Pozen, which is forthcoming in the NYU Law Review. Here is the abstract: We often assume that there is one administrative state, with one body of administrative law that governs it. In fact, the administrative state has two […]
Today’s Ad Law Reading Room entry is “Immigration Status Federalism,” by David Chen, which is forthcoming in the Yale Journal on Regulation. Here is the abstract: Recent subfederal interventions into immigration policymaking have sparked an explosion of federalism scholarship, but nearly all such accounts focus on two domains: enforcement and state benefits. The literature continues […]