What a strange world we administrative lawyers call home. Ours is a land where elephants hide in mouseholes, wolves sometimes wear clothes, and some even say that “Article III judges — like jackals stealing the lion’s kill — expropriate some of the power that Congress has wrested from the unitary Executive.” We talk of “Black […]
This week was a quiet one at the D.C. Circuit — just two cases, neither of which involves “admin law.”* The Thanksgiving holiday undoubtedly played a role. Thanksgiving, however, prompts a thought. With all the talk of Black Friday, my mind turned to one of the most important days in the history of administrative law: […]
Dear 2Ls, If you hope to clerk for a federal judge after graduation, pay careful attention. Some judges hire clerks during the first semester of the 2L year—or sometimes earlier. Others begin looking at applications after first semester grades are released and law review boards turn over; based on anecdotal information, this may be the […]
Each morning, lawyers everywhere do certain things. We brush our teeth; take a shower; get dressed; check our email and the headlines; have a bite to eat; exchange pleasantries with loved ones, co-workers, or both; and then read the Notice & Comment blog. (Well, at least we all should do these things ….) I followed […]
Pluto is a dog; Goofy is a dog. Pluto scampers about in the buff with only a slobbery femur to chew on; Goofy wears comfortable clothes and manages a moderately expensive restaurant. This, of course, is not a novel observation about “cartoon doghood,” but it does illustrate a principle: not all dogs are created equal. […]
Who doesn’t love a great headline? Years will go by without so much as a single thought about Elvis Costello crossing my mind, but yet when I read a headline like “When Elvis Costello Was Cruel,” I click. Funny headlines are great too: “Big Rig Carrying Fruit Crashes on 210 Freeway, Creates Jam.” And some […]
The D.C. Circuit issued two opinions this week. The first — American Institute of Certified Public Accounts v. IRS — is a typical administrative law case. By contrast, the second — United States v. Ortega-Hernandez — seems like anything but an administrative law case; it is a criminal appeal involving a guilty plea. But pause […]
Observant readers can probably tell that I think the D.C. Circuit is an important court. A court with jurisdiction to review what the administrative state is up to inevitably is going to be important. Yet depressingly few Americans even know there is such a thing as a “D.C. Circuit,” much less who sits on it. […]
“Each of the federal circuit courts of appeals has its own unique character,” John G. Roberts, Jr., once observed, shortly before he became the nation’s Chief Justice. “For example, I am sure you are familiar with the tradition in the Court of Appeals for the Fourth Circuit, where at the end of oral argument the […]
Before entering the academy, I had an idea: Why not apply administrative law principles to certiorari? Whether to grant cert is a discretionary decision; administrative law is concerned, perhaps above all else, with how to manage the dangers and benefits of discretion; why not then apply the lessons from administrative law to certiorari? After a […]
Once again, there was not a lot of action at the D.C. Circuit this week, at least in terms of opinions, as no new ones were released. Like the Supreme Court, the D.C. Circuit (generally) stops hearing cases before the summer. Then in the fall it starts again. So soon, the court will start issuing […]
Judge Frank Easterbrook is an extraordinary jurist. He’s prolific; influential*; and scholarly. He also wields a sharp pen (e.g., “This case pits the twenty-first amendment, which appears in the Constitution, against the ‘dormant commerce clause,’ which does not.”). Even if you disagree with him, he always has interesting things to say. And that includes his […]
Yesterday the Supreme Court made this rule change: “Beginning in October Term 2015, only Bar members who actually intend to attend argument will be allowed in the line for the Bar section; ‘line standers’ will not be permitted.” Orin Kerr asks “Why have different rules for the Bar line and the public line?” And I’m […]
I have a dark confession: I probably won’t teach exhaustion to my administrative law students. My syllabus covers ripeness/standing, the “final agency action” requirement, mootness, and, yes, exhaustion. But to my shame, I include this disclaimer: “May be cut if insufficient time.” Sure, I try to justify this decision to myself. I think: “Well, with […]
The D.C. Circuit issued no opinions this week. Instead, it got rid of one. In particular, the court vacated its (latest) judgment in the long-running Al Bahlul v. United States saga and set the case for (another round) of en banc consideration. The court’s vacatur order provides a good opportunity to discuss Chief Justice Roberts and […]