We thought you might like to learn more about members in the ABA Administrative Law & Regulatory Practice Section, so we are restarting 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 […]
The mystery of the Brown v. Barr case (see my ImmigrationProf blog post from Monday) was partially solved when Marcia Coyle at the National Law Journal obtained a copy. See Download Brown. It is still not available on any public site but can be seen here. It remains problematic that the route to a timely copy of an Solicitor General (SG) confession […]
Professor Adrian Vermeule’s recent essay, “Beyond Originalism,” has sparked an effervescent response from myriad points of view. With a notable exception, the response has been disapproving, whether written from a perspective of linguistic originalism, rights originalism, or anti-originalism. Compared with such reproaches, an appraisal appears favorable in (mis)reading the essay as a one big spoof. This essay does not add to […]
“It does not seem a great task to attend to the business of directing the management of about three hundred thousand Indians . . . .” — Dennis Cooley, Commissioner of Indian Affairs, 1866[1] One of history’s greatest powers is to alienate the present, showing how different life used to be, while implicitly asking whether […]
I once attended a conference in Canada that started with a Land Acknowledgement. A Land Acknowledgement is an official recognition that the land where we all stood was once occupied by an indigenous community. In many respects, this Symposium is undergoing a similar act of acknowledgment as it seeks to recognize how social identities, such […]
On March 3, the Supreme Court heard argument on the constitutionality of the structure of the Consumer Finance Protection Bureau (CFPB). The question presented in Seila Law LLC v. CFPB is “whether the vesting of substantial executive authority in the Consumer Financial Protection Bureau, an independent agency led by a single director, violates the separation […]
The Supreme Court recently granted certiorari in Trump v. Pennsylvania, agency regulations under the Affordable Care Act. The district court granted, and the Third Circuit affirmed, a universal injunction: the court ordered the agencies not to enforce the regulation as to anyone, not just the plaintiffs. In support of the universal scope of the injunction, the […]
Back in March 2000, I published an essay in Legal Times titled, “Any Volunteers?” The piece argued that the Federal Communications Commission’s merger review process is often tainted by the agency’s extraction of so-called “voluntary” conditions from merger applicants during the agency’s consideration of a proposed transaction. Now, two decades later, the Court of Appeals […]
Politico has an article earlier this week (titled “Recovery law allows Fed to rope off public as it spends billions“) that brought to my attention a section of the recently enacted Coronavirus Aid, Relief, and Economic Security Act: Section 4009 allows the Federal Reserve Board to conduct meetings through December 31, 2020 without regard to […]
I recently posted about the states that had rejected deference in the past several years and noted that several more states were likely to reconsider deference in 2020. One state that I did not expect to see make the change was Arkansas whose state Supreme Court had as recently as 2014 had employed a highly […]
I know many law professors make an effort to highlight role models for our students, and to emphasize a diversity of legal luminaries during class. In this post I offer a few reflections on why I find it useful to do so, and share excerpts from my slides highlighting diverse role models that come up […]
Since notice-and-comment rulemaking moved on-line, insiders have been concerned by, and spoken out against, a tendency to see public comment as a kind of referendum. While there is disagreement at the margin about whether a strong consensus among commenters as to a bottom line ought to influence an agency decision, the traditional, and still “official,” […]
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. A Divided Court Cannot Stand Every month, I read at least one indignant—and often incredulous—dissent in a major immigration controversy before the Ninth Circuit. March was no exception. Early in the […]
In June 2020, the Supreme Court ruled on the Deferred Action for Childhood Arrivals (DACA) case, finding that the Trump administration was arbitrary and capricious in its rescission of the policy in violation of a core administrative law principle. According to the Court, the administration failed to consider the reliance interests of DACA recipients in its […]
In America, to be agnostic about place is likely being agnostic about race. As scholars grapple with racism in Administrative Law, it is important to consider place-based scholarship from the perspectives of Environmental Justice (EJ) and Geography. Both provide important insights into how administrative agencies can be instruments of strategic-structural racism and how administrative law can facilitate […]