The Trump administration’s long-running effort to cancel certain foreign aid is back on the Supreme Court’s emergency docket. In Trump v. Global Health Council, the government is seeking to stay an injunction that requires it to obligate some $10.5 billion in aid money before the money expires at the end of the fiscal year on […]
I’m very excited that we’ll be hosting this scholarship roundtable at Michigan Law next semester. Don’t hesitate to reach out to me if you have any questions. Here are the details on the call for papers: The University of Wisconsin Law School’s State Democracy Research Initiative (SDRI) is pleased to announce a Roundtable on State […]
From Timothy Lytton: The AALS Administrative Law Section invites nominations for the 2026 Emerging Scholar Award for scholarship published between September 1, 2024, and August 31, 2025. Fulltime faculty members without tenure at the time of the work’s publication (including individuals with fellowships, visiting assistant professorships, or similar positions) are eligible. Nominations should be directed […]
Last week I blogged about the first paper from Andrew Hammond and my Kisor dataset. This week Andrew and I have posted to SSRN a draft of a shorter, more theoretical essay, entitled The End of Administrative Pragmatism?, which explores how Justice Kagan’s administrative law jurisprudence arguably represents the best of administrative pragmatism (as Jeff […]
Here is the June 2025 Edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law eJournal, which is edited by Bill Funk. Lots of great new administrative law scholarship to read this summer! I see that the Virginia Law Review is publishing two of the papers from this SSRN reading […]
From the Yale Law Journal: The Yale Law Journal’s Ninth Annual Student Essay Competition challenges the next generation of legal scholars and practitioners to reflect on emerging legal problems. This year’s topic is “Emerging Issues in the Executive Power.” The Competition is open to current law students and recent law-school graduates nationwide. Up to three winners […]
From Professor Tim Lytton: Each May I organize a book manuscript workshop in the areas of torts, administrative law, or legal history. Georgia State University provides funding to invite 10-15 leading scholars from around the country for a one-day in-person workshop. Previous manuscripts include: I am currently seeking a suitable manuscript for May 2026. Authors […]
Several years ago, Andrew Hammond and I set out to read and code every lower-court decision that invoked Kisor v. Wilkie when applying Auer deference to agencies’ interpretations of their own regulations. We read around 1,000 cases, all that were issued in the first five years after Kisor was decided (2019-2024). This project looked promising […]
Kristin, Dick, and I have just published the Summer 2025 Update to our federal administrative law casebook. From the introduction: Administrative law is a dynamic field, and there are always interesting new cases being decided and new debates unfolding. The past two years have seen some big administrative law cases from the Supreme Court. In […]
Last week over at Jotwell, I reviewed Kevin Stack’s terrific new article The Internal Law of Democracy, which was recently published in the Vanderbilt Law Review. Here’s a snippet of that review: In Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 524 (1978), the Supreme Court famously announced that “[a]gencies are free to grant […]
From the Stanford Law Review editors: The Stanford Law Review is currently accepting articles for the summer submissions cycle. We expect the cycle to be open for a couple more weeks, but we review articles on a rolling basis, so we strongly encourage authors to submit articles as soon as possible. SLR is particularly enthusiastic about pieces touching on administrative law […]
This summer has been busy, so I’m just barely getting the June reading list posted before August begins. Here is the June 2025 Edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law eJournal, which is edited by Bill Funk. For more on why SSRN and this eJournal are such […]
At the end of May, I filed an amicus curiae brief on behalf of the U.S. Chamber of Commerce in response to the en banc Federal Circuit’s request for supplemental briefing on how Loper Bright affects statutory interpretation and delegation in a pending case, United States v. Lesko. The Chamber took no position on the […]
On Friday, the Supreme Court issued a 6-3 decision in Trump v. CASA, holding that universal (or nationwide) injunctions likely exceed the equitable authority that Congress vested in courts in the Judiciary Act of 1789. Accordingly, the Court granted partial stays of the district courts’ preliminary injunctions. In the orders under review, the district courts […]
On Friday, the Supreme Court issued a 6-3 decision in FCC v. Consumers’ Research, rejecting a nondelegation doctrine challenge to the constitutionality of the FCC’s Universal Service Fund. Writing for the Court, Justice Kagan nicely summarizes the issues and the Court’s conclusion: The question in this case is whether the universal-service scheme—more particularly, its contribution […]