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 […]
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 […]
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 […]
Today’s Ad Law Reading Room entry is “Modernizing the Power of the Purse Statutes,” by Eloise Pasachoff, which is forthcoming in the George Washington Law Review. Here is the abstract: Two foundational statutes limit the executive branch’s important and necessary work in executing the budget against the backdrop of congressional control: the Antideficiency Act, dating […]
Today’s Ad Law Reading Room entry is “Separation of Powers by Contract: How Collective Bargaining Reshapes Presidential Power,” by Nicholas Handler, which is forthcoming in the NYU Law Review. Here is the abstract: This Article demonstrates for the first time how civil servants check and restrain presidential power through collective bargaining. The executive branch is […]
Today’s Ad Law Reading Room entry is “In Search of the Public Interest,” by Jodi L. Short, which was recently published in the Yale Journal on Regulation and posted to SSRN. Here is the abstract: “Public interest” standards in statutory delegations to agencies represent the greatest hopes and the darkest fears of the U.S. administrative […]
Today’s Ad Law Reading Room features “The Founders’ Purse” by Professor Christine Kexel Chabot. Here is the abstract: This Article addresses a new and impending war over the constitutionality of broad delegations of spending power to the executive branch. In an opening salvo, the Fifth Circuit held that Congress unconstitutionally delegated its power of the […]
*This post is part of a symposium on Modernizing Regulatory Review. For other posts in the series, click here. I’m going to focus on OMB’s proposed revisions to Circular A-4’s section on “alternative regulatory approaches,” which is housed at what would be section 6 of the revised Circular. First, some background. To do cost-benefit analysis—or any other […]
Today’s Ad Law Reading Room features “Delegating Information Oversight” by Professor Margaret Kwoka, which is forthcoming in the Georgetown Law Journal. Here is the abstract: The right to access government information is a foundational element of a democratic society, protected in the United States by the Freedom of Information Act, or FOIA. But agencies cannot […]
Today’s Ad Law Reading Room entry is “Administrative Subordination” by Professor Bijal Shah, which is forthcoming in the University of Chicago Law Review. Here is the abstract: Much of the work on immigration enforcement and environmental justice assumes that agencies negatively impact vulnerable marginalized people as a result of individualized bias or arbitrariness in administration. […]
Today, Ad Law Reading Room brings you “Power Corrupts” by Professor Emily Bremer. Here is the abstract: Administrative agencies bear principal responsibility for keeping the federal government’s promises by giving effect in the real world to the laws Congress enacts. If administrative law’s goal was to help agencies fulfill this responsibility, its lodestar would be […]
Today’s Ad Law Reading Room entry is “Legitimizing Agencies” by Professor Brian Feinstein, which is forthcoming in the University of Chicago Law Review. Here is the abstract: The project of bolstering the administrative state’s perceived legitimacy is central to administrative law. To enhance agencies’ legitimacy with the public, generations of judges and scholars have variously […]
Welcome back to the Ad Law Reading Room, where we highlight recent scholarship in administrative law and related fields. Today’s entry is “Becoming the Administrator-in-Chief: Myers and the Progressive Presidency” by Professors Andrea Katz and Noah Rosenblum, which is forthcoming in the Columbia Law Review. Here is the abstract: In a series of recent cases, […]
Welcome to the Ad Law Reading Room, a new series here at Notice and Comment that will highlight recent scholarship in administrative law and related fields. Today’s article is “Executive Capture of Agency Decisionmaking” by Professor Allison M. Whelan, which was recently published by the Vanderbilt Law Review and posted to SSRN. Here is the […]
As readers are no doubt aware, last week the Supreme Court invalidated the Trump administration’s rescission of the DACA program. In this post, I want to examine an argument that seemed not to matter to the decision, though arguably the Chief Justice implicitly rejected it. The argument holds that an agency can rescind (or decline […]