The federal government has conducted 23 decennial censuses. The 2020 census will be the 24th. You can complete the 2020 census here using the 12-digit code you should have received in the mail. If you do not have your code, you can still complete the census! Conducted in the shadow of coronavirus, this census will […]

Dodd-Frank turned 10 years old recently, an occasion for retrospectives about what the statute has accomplished as implemented, and where it has been found wanting. The retrospectives have established, if we did not already know it, that the meaning of Dodd-Frank was not fixed in stone by Congress in July, 2010, but, rather, can only […]

In a recent post, I wrote about the states that have abandoned Chevron and Auer like deference in recent years. I want to now turn my attention to a much less praiseworthy set of states, those who simply cannot make up their mind about whether or not to defer to agencies. In my article, The […]

Agencies today conduct adjudicative hearings in three ways: in person, remotely using video and audio (video or video teleconference (VTC) hearings), and remotely with audio only (telephone hearings). In more normal times, each method has its boosters and skeptics. To see just how unpopular any shift to video or hearings can be, just look at […]

Although scholars may not be able to see each other at conferences or other events for the foreseeable future, they can still maintain some virtual connection. The Association of American Law Schools (AALS) Section on Administrative Law is going to try out a new initiative: “Meet a Member.” The section will introduce our members from […]

In 1958, civil rights leaders, including Dr. Martin Luther King, Jr. and Andrew Young, met in New York with Reverend Everett Parker, who was the Director of the Office of Communications of the United Church of Christ. The Office was an advocacy arm of the church, whose members’ commitment to civil rights dated back to […]

It’s said that becoming a federal judge can change people—and not always for the better. You become the master of your own kingdom, answerable to no one thanks to the Constitution’s effective guarantee of lifetime tenure. Whatever flaws you had before can become accentuated. It says something remarkable about Stephen F. Williams that his 34 […]

The Trump Administration recently proposed new regulations to define “controlled by a religious organization” for purposes of religious exemption to Title IX. Neither Title IX, passed in 1972, nor the implementing regulations, promulgated in 1975, defined “controlled by a religious organization.” In the ensuing 45 years, the federal administrative agencies charged with enforcing Title IX […]

The US border is now officially closed to everyone, unless the crossing falls under the rather ill-defined category of “essential.” This move is officially described as a public health response to the spread of Coronavirus, but it also happens to coincide with the Trump administration’s frequently stated view that the country is “full.” Furthermore, it […]

I was interested to see that a number of law professors filed comments in response to OMB’s request for information on “Reforming Regulatory Enforcement and Adjudication,” which notice you can find here. OMB expressed its concern that agency adjudications in a number of different ways lacked sufficient process, and invited people to weigh in. In […]

by Peter Conti-Brown, Kristina Daugirdas, Daniel E. Ho, Anne Joseph O’Connell, and Nicholas R. Parrillo The field of administrative law has lost one its most important and beloved figures, Judge Stephen F. Williams of the D.C. Circuit, who died on Friday at 83. Since his appointment by President Reagan in 1986, Williams held a reputation […]

In late January 2020, the Trump Administration proposed new regulations to define “controlled by a religious organization” for purposes of religious exemption to Title IX.  The proposed regulations eviscerate the common meaning of control and ignore the grammatical structure of the phrase “by a religious organization.” The new definition would expand the scope of religious […]

This week’s Supreme Court decision in Guerrero-Lasprilla v. Barr does more than subject the Board of Immigration Appeals to broader judicial review over the removal of criminal aliens. It offers clues to Thryv v. Click-to-Call Technologies, an important patent law case that is now before the Court—and that was, in fact, argued the same day […]

Introduction In 2011, researchers found significant disparities in the National Institutes of Health (NIH) funding of minority researchers.  In particular, their study determined that—even after controlling for education, country of origin, training, previous research awards, publication records, and employers—“[B]lack applicants remain 10 percentage points less likely than whites to be awarded NIH research funding.”  This study spurred the […]