As the demand for mobile wireless services continues to explode, the search for underutilized spectrum that can be repurposed from low- to high-value commercial use never ends. For the most part, the Federal Communications Commission under the leadership of former Chairman Ajit Pai had a good track record in this regard, including successfully repurposing the […]
New casebooks can be hard to justify, so I thought I would say a few words about my new casebook, Administrative Law Theory and Fundamentals: An Integrated Approach, recently out with Foundation Press’s new Doctrine & Practice Series. It seems to me that, particularly in view of a more originalist Supreme Court, administrative law is […]
When the Chairman of the Administrative Conference of the United States (ACUS) stepped down in 2015, the agency (and the entire administrative law community) was to have Matt Wiener, ACUS’s Vice Chairman, waiting in the wings as the statutorily specified Acting Chairman. Not only has Matt served as Acting Chairman ever since, he is also […]
Among legal disciplines, perhaps none involves the doctrinal breadth of administrative law. Administrative law topics range from foundational constitutional principles, such as the proper allocation of powers between the legislative and executive branches, to far more commonplace matters, such as whether a secondary school student can be suspended without some sort of hearing. And administrative […]
When I saw that the last president had issued an executive order mandating a range of broadly-supported best practices regarding agency guidance documents, my reaction was not pleasant surprise that, just like a broken clock that is right twice a day, President Trump had finally, if accidentally, done something reasonable and deserving of support. It […]
There has been a lot written in the last couple of years paying tribute to my friend and colleague Nina Olson. At Procedurally Taxing, in 2019, when Nina stepped down from her longtime position as National Taxpayer Advocate, there were 16 separate tributes attesting to how Nina educated and inspired, from her time as the […]
Lorraine Lee is the Chief Administrative Law Judge for the State of Washington, a post she has held for almost twelve years. She is presently serving her third five-year term under appointment of Governor Jay Inslee. She became the Chief Judge after serving in many Washington State agency capacities, including chair of the board that […]
Created in 1989 by the ABA Section of Administrative Law and Regulatory Practice, the Mary C. Lawton Award for Outstanding Government Service honors the memory of Mary Lawton, a distinguished career government lawyer who served on the Council of the Administrative Law Section from 1983-1986, and as Chair of the Section’s Judicial Review Committee from […]
This series paying tribute to exemplary government workers is a fitting way for the Section and Notice & Comment to observe Public Service Recognition Week. Coverage of excessive use of force by police nationally, too often resulting in death, has shared the headlines in Massachusetts with police fraud in accounting for overtime. The attention these […]
H. Alexander Manuel is the current chair of the American Bar Association’s National Conference of the Administrative Law Judiciary (NCALJ) through August, 2021. A distinct conference within the Judicial Division, NCALJ works to enhance the status and competence of federal and state administrative judiciary members and to ensure the quality and efficiency of the delivery […]
*This is the ninth post in a series on Cass Sunstein and Adrian Vermeule’s new book Law and Leviathan: Redeeming the Administrative State. For other posts in this series, click here. The administrative state is under siege. In Law & Leviathan: Redeeming the Administrative State, Professors Cass Sunstein and Adrian Vermeule attempt a rescue. In […]
*This is the seventh post in a series on Cass Sunstein and Adrian Vermeule’s new book Law and Leviathan: Redeeming the Administrative State. For other posts in this series, click here. When Thomas Hobbes published Leviathan in 1651, the bloody Civil War between Royalists and Parliamentarians had just concluded and the need to restore legal […]
*This is the eighth post in a series on Adam Cox and Cristina Rodríguez’s book, The President and Immigration Law. For earlier posts in the series, click here. We are enormously grateful to David Rubenstein and Jill Family for organizing such a stellar group of scholars to engage with our new book, The President and […]
*This is the third post in a series on Cass Sunstein and Adrian Vermeule’s new book Law and Leviathan: Redeeming the Administrative State. For other posts in this series, click here. In Law and Leviathan, an expertly written account of contemporary administrative law, Cass Sunstein and Adrian Vermeule show us how to fight a theory […]
*This is the second post in a series on Cass Sunstein and Adrian Vermeule’s new book Law and Leviathan: Redeeming the Administrative State. For other posts in this series, click here. At the heart of Cass Sunstein and Adrian Vermeule’s insightful and important book, Law and the Leviathan: Redeeming the Administrative State, is a claim […]