If its recent decisions in Gundy v. United States and Seila Law v. CFPB are any indication, the Roberts Court is poised to invalidate large portions of the administrative state. Justice Gorsuch’s dissent in Gundy exemplifies the originalist arguments that portend to invalidate countless regulatory statutes under a more rigorous nondelegation doctrine. He argues that […]
We thought you might like to learn more about members in the ABA Administrative Law & Regulatory Practice Section, so we have restarted our Section Member Spotlight Series. Prior posts in this series can be found here, on the Section’s legacy Notice and Comment blog that merged with the Yale Journal on Regulation‘s blog in 2015. The second […]
Institutional investment managers like mutual funds and hedge funds are required to disclose their equity holdings every quarter under Securities Exchange Act § 13(f) and implementing regulations.[1] On July 10, 2020, the Securities and Exchange Commission (SEC) proposed a rule that would eliminate this reporting requirement for all but the largest 10% of investment managers […]
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. Preliminary Panels: Politics by Other Means? In normal times, injunctive relief is an “extraordinary remedy.” Over the last four years, by contrast, such relief became routine in the Ninth Circuit. While […]
The Trump Administration has effectuated a number of controversial health policy changes by approving state “waiver” requests in Medicaid and the Affordable Care Act. The Biden Administration can seek to undo these waivers, but the process for doing so may be legally fraught, as states could seek to challenge any waiver revocation or amendment in […]
Followers of public-law litigation will be well versed in the debates surrounding so-called universal injunctions. Though definitions vary, one common definition of what makes an injunction “universal” is that it enjoins the government from enforcing laws “not only against the named plaintiffs, but against all persons everywhere who might be subject to enforcement of those […]
T’was the season of gift-giving and on December 9, outgoing EPA Administrator Andrew Wheeler delivered a parting gift for his successor in the form of a new regulation: Increasing Consistency and Transparency in Considering Benefits and Costs in the Clean Air Act Rulemaking Process. The new Rule is offered as a simple housekeeping measure designed […]
This is not a picture one would have seen during the battles over Memphis’s Overton Park. When planning for Interstate 40’s route through Memphis began in the 50’s, one could have found Blacks in parts of that park only on Tuesdays; the park was for Whites only on other days. An urban oasis near downtown, largely surrounded […]
The rule of law applies to all government actions, and the promulgation of regulations and the administration of those rules must also strictly follow the rule of law to have “a government of laws not of men.”[1] With the administration of these rules, a sense of selective enforcement based on prejudices can creep into a system […]
Research in the 1980s confirmed what everyone already suspected: People of color bear a disproportionate share of environmental harms. For example, in 1987 a major national study concluded: “Race proved to be the most significant among variables tested in association with the location of commercial hazardous waste facilities.”[1] After citing numerous studies, Luke Cole concluded in 1992 that […]
For much of the past four years, the Trump Administration’s financial policymakers have focused on rolling back rules enacted in the wake of the 2008 financial crisis. The federal banking agencies have relaxed capital requirements, liquidity rules, stress tests, and other financial safeguards, insisting that adjustments are necessary to simplify the regulatory framework and reduce […]
White supremacy has morphed into white nationalism during the Trump era. Charlottesville’s Unite the Right rally and Black Lives Matter protests demonstrate this vividly. In 2017, the public purpose of the Unite the Right rally was to defend confederate statues; similar symbols have come under contestation in the military, state governments and athletics over the last few […]
We thought you might like to learn more about members in the ABA Administrative Law & Regulatory Practice Section, so we have restarted our Section Member Spotlight Series. Prior posts in this series can be found here, on the Section’s legacy Notice and Comment blog that merged with the Yale Journal on Regulation‘s blog in 2015. The next […]
I sat in my apartment hearing the helicopters overhead and smelling the fires burning blocks away. I felt fear, anger, frustration, and hopelessness. Like so many white people in America, I wondered how I could do more to help. I’ve dedicated my career to legal issues that often intersect with race, but don’t deal with […]
A Hard Look, a podcast by the Administrative Law Review (ALR), covers recent events in administrative law, regulatory policy, and the critiques and praise of various regulations and their efficacy. When coronavirus forced most universities to adapt to a virtual setting, A Hard Look quickly prepared to plan, record, and edit the second season of […]