Notice & Comment

Author: Guest Author

Notice & Comment

International Coverage of SEC Suit Against Goldman Sachs, by Jonathan Rusch

While many people may have been focusing just on U.S. media coverage of the SEC’s suit against Goldman Sachs, a sampling of the international coverage may be worth noting. In China, the Xinhua News Agency commented that the suit “has again sounded an alarm bell for financial regulation, which may stimulate U.S. authorities to speed […]

Notice & Comment

Transportation: EU Announcement on Passenger Rights and Icelandic Volcanic Cloud, by Jonathan Rusch

Today, in response to the expanding Icelandic volcanic cloud that has extensively disrupted air travel, EU Vice President Siim Kallas announced that “EU passenger rights continue to apply and air travellers should speak up to claim their rights.” Those rights, which were established by the EU Directive on air passenger rights (Regulation 261/2004), include (1) […]

Notice & Comment

Education: Department of Education Assessment Grant Final Regs, by Jonathan Rusch

There’s an interesting blog posting by Eliza Krigman of NationalJournal.com, and responses to her posting, about the final regulations that the Department of Education promulgated last week for its $350 million assessment grant competition. Krigman notes that “[a]ccording to Education Week, the rules make clear the administration’s desire to shift away from multiple-choice testing in […]

Notice & Comment

D.C. Circuit Decision on “Unit of Prosecution” Doctrine in Civil Enforcement, by Jonathan Rusch

Today, the U.S. Court of Appeals issued an interesting decision in a case involving the “unit of prosecution,” a doctrine well-known in criminal enforcement but less frequently raised in civil regulatory enforcement. In National Association of Home Builders v. OSHA, No. 09-1053, three trade associations had challenged the Secretary of Labor’s amendment of regulations under […]

Notice & Comment

Introduction, by Jonathan Rusch

This blog is intended to deliver content that is timely, interesting, and useful (or at least some combination thereof) on all fields of regulatory practice and administrative law and procedure. Although the primary focus will be U.S. law at all levels of government, Arbitrary and Capricious will also present items involving foreign substantive and procedural […]