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 […]
The D.C. Circuit was busy this week — really busy: This creates a problem for a blog series like this one that attempts to tie together opinions based on themes. Of course, I could play the * game.* Or I could come up with a theme that is so general that it serves no function […]
It was a busy week in the D.C. Circuit.* The Court decided 10 cases — some of which are quite substantial. Because there are so many opinions this week, I’ll set aside the cases (Bernier v. Allen and United Mine Workers v. Energy West Mining Co.) that don’t involve administrative law. I’ll also ignore In […]
BYU Law will host a series of free webinars on antitrust and tech-related regulatory issues. The first one will be next Tuesday, June 28, at noon eastern. Here is the registration link: https://byu.az1.qualtrics.com/jfe/form/SV_0H63Iu7BIoIsHpc It should be a lively discussion.
It’s great that D.C. Circuit Review – Reviewed is now a team effort. One downside, though, is that I don’t blog every week. This means that when lots of things are happening, ideas start to accumulate. Well, it is my turn to write, so here are 13 thoughts on the D.C. Circuit. 1. We all […]
As of yesterday, Judge Ketanji Brown Jackson will soon officially be Justice Ketanji Brown Jackson. There will also soon be another vacancy on the D.C. Circuit (and presumably on the ABA Admin Law Council). This is big news that almost certainly will have implications for decades. As the nation reacts to this development, here’s something related to […]
Sorry; this post is quick — I’ve been traveling today and am about to hop on a flight. The big D.C. Circuit news today this week this month this year this presidential term is, of course, this: We have written about Judge Jackson before here at Notice & Comment, including Aimee Brown’s post from earlier […]
I confess that I haven’t closely followed Arizona v. City and County of San Francisco — argued today in the Supreme Court. After reviewing the transcript from the oral argument, however, it turns out that the case may raise pretty significant questions about remedies in administrative law. The question presented is “[w]hether States with interests […]
I’m honored to participate in this symposium on the legacy of Richard Parker. Richard’s academic reputation is well justified. Unfortunately, I never got to know Richard, but I respected him. After his untimely passing, however, I learned something that I didn’t know before: Richard was a doer — not just a scholar — of administrative […]
A few weeks, I wrote a post about President Biden’s nomination of Judge J. Michelle Childs to serve on the D.C. Circuit. In that spirit, this week — given that the Court only issued a single decision* — I’ve decided that the time is right to check in on one of the Court’s newest judges: […]
In 2016, I wrote a lengthy post about Christmas in the D.C. Circuit. Well, it is almost Christmas again, so why not repost it again 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 […]
Earlier this week, Judge Griffith (ret.) wrote a post here at Notice & Comment that began with this thought: Life on the D.C. Circuit is a mixture of the grand and the mundane. … I’m reminded of my interview with White House Counsel when President George W. Bush was thinking of nominating me to fill […]
I’m pleased to report that I’ve just posted two papers to SSRN, both co-authored with my friend and colleague Paul Stancil. The first — Gaming Certiorari — is forthcoming in the University of Pennsylvania Law Review. The second — Civil Rights Litigation in the Lower Courts: The Justice Barrett Edition — is forthcoming in the […]
Today, President Biden issued an Executive Order entitled Transforming Federal Customer Experience and Service Delivery to Rebuild Trust in Government. I suspect that others will provide more substantive thoughts about the order’s various parts. Here, however, is the fact sheet if you want a summary and a list of the agencies involved. There is a lot […]
Judge Douglas Ginsburg is a formidable jurist. When he speaks, we’d all do well to listen. A few weeks ago, I heard Judge Ginsburg give a presentation to lawyers. He was asked what lawyers can do to improve their advocacy. His response surprised me. Mentioning Edward Tufte’s The Visual Display of Quantitative Information by name, […]