The Senate just confirmed Elliot Gaiser as the new head of the Office of Legal Counsel, one of the most important positions within the U.S. Department of Justice with significant implications for administrative law. He was previously Solicitor General of Ohio. When I was Solicitor General of Texas,* I had the good fortune to work […]
Judge James Buckley has passed away. I did not know him, but five years ago I wrote about his legendary career. In Judge Buckley’s honor, I’ll repeat what I wrote then (with some minor modifications): I feel like I know the judges on the D.C. Circuit — at least a little bit. After all, I […]
I started D.C. Circuit Review — Reviewed in 2015 because I’m an “admin law” person and the D.C. Circuit is the nation’s home for administrative law litigation. As I explained in a post about whether the D.C. Circuit truly is the nation’s “second most important court”: Increasingly, however, it feels like the D.C. Circuit’s outsized […]
I’m pleased to report that Jennifer Mascott — Assistant Professor and Co-Executive Director of The C. Boyden Gray Center for the Study of the Administrative State at the Antonin Scalia Law School — has received this year’s Joseph Story Award. This Award is presented annually to a professor with less than ten years of experience […]
I’m traveling this weekend. So I decided to cheat with my post. Instead of taking time to explain the D.C. Circuit’s opinions this week, I asked ChatGPT to summarize them for me. First, I asked ChatGPT to “Summarize Warren Harris v. Muriel Bowser from DC Circuit.” This is what I learned: In Warren Harris v. […]
BYU Law is hosting a series of free conferences and webinars on antitrust and tech-related regulatory issues. Our next conference will be on Friday, February 24 in Washington D.C. (and remotely), and will address the past, present, and future of Federal Trade Commission rulemaking — a timely topic for obvious reasons. Commissioner Christine Wilson and Elizabeth […]
It’s no secret that today’s Supreme Court is not a fan of Humphrey’s Executor. Especially read together, Free Enterprise Fund, Seila Law, and Collins strongly hint that the Court’s support for Humphrey’s Executor rests on stare decisis alone. Indeed, Seila Law construes Humphrey’s Executor‘s holding so narrowly that — at least if Seila Law is […]
When we restarted D.C. Circuit Review–Reviewed in 2021, Aimee Brown — a younger lawyer with lots of smarts and gumption — was a key part of our team. Last year, Aimee left the group to move into government service. I’m pleased to see that she has reemerged. Indeed: Although Aimee has gone on to grander […]
In 2016, I wrote a lengthy post about Christmas in the D.C. Circuit. Well, it is Christmas again, so why not repost it as I’ve done in the past? Be warned, though: Christmas is not always jolly. Consider, for instance, the case of Anderson v. White, decided by the Court of Appeals for the District of Columbia (which eventually became […]
The D.C. Circuit issued no published opinions this week.* Accordingly, this seems like a fine time to check in on an old friend: the Shadowy Flamingo. In 2016, I wrote a post about the Court’s new practice of providing free access to unpublished judgments. The most interesting case I found using that feature was Flamingo […]
BYU Law has started a new antitrust project. As part of this project, we’re hosting a series of webinars and conferences. Our first conference — about Tech Platforms — and will be on Friday, October 21, 2022 at The Westin Washington, D.C. City Center. Here is the agenda: Click here to register. It should be […]
Judge Laurence Silberman of the D.C. Circuit has passed away. As I’ve reflected on the life of this remarkable judge, the word that has kept coming into my mind is “intimidating.” That isn’t the sort of word that often makes into a remembrance but I can’t think of a better one. I’ve met lots of […]
The Senate last week confirmed Judge Florence Pan to the D.C. Circuit. But the D.C. Circuit does not yet list her on its roster of judges: Presumably she is awaiting her commission.* But soon she will join the Court. And this is a good time to do so. The Court has just started hearing oral […]
As I noted a few months ago, BYU Law is hosting a series of free webinars on antitrust and tech-related regulatory issues. Our next webinar will be on Tuesday, September 27 at 10 am EST, and will address the rulemaking authority of the Federal Trade Commission. Registration is not required so please join us. Here […]
Daniel Fisher at Legal Newsline has authored a fascinating story about ongoing litigation between the FTC and Walmart that presents weighty constitutional questions about the FTC’s litigation authority after Seila Law v. CFPB. Here’s how Fisher’s story begins: Days after the Federal Trade Commission accused Walmart of helping scam artists defraud customers by using its […]