*This is the first 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 their recent book Law & Leviathan, Cass Sunstein and Adrian Vermeule unveil a novel and provocative approach to legitimating the modern administrative state. […]
Starting today, for the next two weeks, the Notice and Comment blog will run a symposium on Cass Sunstein and Adrian Vermeule’s new book Law and Leviathan: Redeeming the Administrative State. (2020: Harvard University Press.) The posts will be available here. The book is a concise and incisive defense of the internal legal morality of […]
*This is the seventh 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. The President and Immigration Law is a tremendous achievement, and a must-read for anyone interested in immigration law. It should also be required reading for those seeking […]
*This is the sixth 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. Here are the basic facts on the ground: Roughly eleven million people are living in the U.S. without legal permission, half of them having been here for […]
*This is the fifth 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. Adam Cox and Cristina Rodríguez have written what is likely to become the definitive work on presidential power over immigration. As they describe, the executive branch has […]
*This is the fourth 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. Long before President Obama announced Deferred Action for Childhood Arrivals (DACA) to shield hundreds of thousands of young immigrants from deportation, Adam Cox and Cristina Rodríguez were […]
*This is the third 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. Adam Cox and Cristina Rodríguez have written a brilliant book—one of big arguments, grand scale, and historical sweep, yet also institutional detail, political acuity, and legal nuance; […]
*This is the second 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. Adam Cox and Cristina Rodríguez’s The President and Immigration Law is a remarkable scholarly achievement. Brimming with both theoretical insight and rich historical detail, it should be […]
One might picture the chief executive behind the Resolute desk, dictating policy to senior staff and sending the orders for implementation. Luckily for good government types, that is not the full picture. From John F. Kennedy until Barack Obama, the Office of Management and Budget has orchestrated an interagency review process—a process ignored by the […]
I really enjoy thinking and talking about casebooks, and administrative law casebooks especially. (This is why I am such a sought-after guest at parties.) Famously hard to teach, administrative law is a challenging subject with ill-defined and contested boundaries. What’s core and what is peripheral? What’s the right balance between constitutional and non-constitutional law? Between […]
Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to business. Panel Nixes Rail Reg over Agency Pretext The biggest development last month was the Ninth Circuit’s inaugural application of *pretextual review* as established by the Supreme Court in […]
*This is the seventh and final post in a series on Alex’s new Article, Is Administrative Summary Judgment Unlawful? For earlier posts in the series, click here. I am deeply grateful to Professors Barnett, Asimow, Virelli, and Tierney for their thoughtful and generous engagement with this paper. It’s an honor to be in a discussion […]
*This is the sixth post in a series on Alex Platt’s new Article, Is Administrative Summary Judgment Unlawful? For earlier posts in the series, click here. Alex Platt takes aim at the Securities and Exchange Commission’s Rule of Practice 250, which authorizes “summary disposition” on the papers in administrative enforcement proceedings where there is no […]
*This is the fifth post in a series on Alexander Platt’s paper, Is Summary Judgment Unlawful? For earlier posts in the series, click here. I am grateful to the Notice and Comment Blog for including me in this discussion of Alex Platt’s engaging and thought-provoking new article, Is Administrative Summary Judgment Unlawful? Although I agree […]
*This is the fourth post in a mini-symposium on Alexander Platt’s paper, Is Administrative Summary Judgment Unlawful? For earlier posts in the series, click here. Alex Platt’s article “Is Administrative Summary Judgment Unlawful?” raised many fundamental issues about subjects such as APA originalism and textualism and the utility of administrative summary judgment (hereinafter SJ). I […]