When I first joined the legal academy (a dozen years ago), one of my first conferences in the field was the ABA Administrative Law Section’s annual conference, which is held in each fall. We’d gather together in Washington, DC, with more than five hundred administrative law geeks, including so many legal scholars. It was the […]
From the Federalist Society’s website: In his recent book Why Congress, Dr. Phillip Wallach covers the past, present, and future of the Legislative branch to help measure its modern level of dysfunction and offer suggestions for future restoration. The book traces how Congress was designed to operate, how it has met the challenges of decades past, […]
January has gone by quickly, but here is the December 2023 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 terrific resources for administrative law scholars and practitioners, check out my first […]
Doctrinal Crossroads: Major Questions, Nondelegation & Chevron DeferenceThursday, January 25, 2024, at 8:15 a.m.-6:00 p.m. ESTLocation: Harvard Law School, 1585 Massachusetts Ave, Cambridge, MA 02138 Join Pacific Legal Foundation and the Harvard Journal of Law & Public Policy for our day-long law symposium, “Doctrinal Crossroads: Major Questions, Nondelegation & Chevron Deference.” The symposium will feature moderator-led discussions […]
At the Association of American Law Schools (AALS) annual meeting in Washington, DC, this week, I’ll be moderating a terrific panel on the student loan cancellation cases the Supreme Court decided last term. The panel will take place on Thursday, January 4, 2024, from 4:45-6:30PM, and it will be livestreamed here. Here’s a description of […]
Since 2015, I’ve served as co-editor, currently with the brilliant Miriam Seifter, of the the Administrative Law Section of The Journal of Things We Like (Lots) (“Jotwell”). Jotwell is a terrific resource for administrative law practitioners and scholars. Roughly once a month, Jotwell’s Administrative Law Section publishes a short review of a current piece of administrative law scholarship, usually […]
Here is the November 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 terrific resources for administrative law scholars and practitioners, check out my first post on the subject here. You can check […]
Today, the Competitive Enterprise Institute has released a new report, by Ryan Young and Stone Washington, entitled Conflict of Justice: Making the Case for Administrative Law Court Reform. Here’s a taste of the report, from conclusion: Administrative law courts are unfair and regressive. They violate the separation of powers. They do not relieve regular court […]
Earlier this week I sat down with Eric Segall to participate in his Supreme Myths podcast. We chatted about about all things administrative law, including the major questions doctrine, the current cases (Loper Bright and Relentless) before the Supreme Court challenging Chevron deference, and SEC v. Jarkesy, the constitutional challenge the Court heard last week […]
With the Supreme Court hearing argument in SEC v. Jarkesy on Wednesday, a lot of focus will be on the three separate constitutional questions presented in the case: The Fifth Circuit answered all three questions in the affirmative, and I would be shocked if the Supreme Court agreed on all three. But it’s quite possible […]
On Wednesday, the Supreme Court will hear oral argument in SEC v. Jarkesy, a major constitutional challenge to the future of agency adjudication and enforcement. In an essay forthcoming in the Ohio State Law Journal, David Zaring and I set forth a way for the SEC, Congress, or maybe even the Supreme Court could save […]
Happy Thanksgiving! Here is the October 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 terrific resources for administrative law scholars and practitioners, check out my first post on the subject here. You […]
The AALS New Voices in Administrative Law program is seeking several more senior commentators for this year’s session. We had an outstanding response to our call for junior scholar presenters, and are now looking for more senior scholars to join. We’d like to continue our tradition of assigning two experienced scholars to comment on each junior paper. […]
Over at the GW Regulatory Studies Program, Mark Febrizio, Sarah Hay, and Zhoudan (Zoey) Xie have published a comparison of the draft and final Circular A-4 revisions, which were published last week. Here’s the description of the project: Following a public comment period earlier this year, the Office of Information and Regulatory Affairs (OIRA) in the Office […]
2023 ABA Administrative Law Conference November 30, 2023—December 1, 2023 The 2023 ABA Administrative Law Conference is right around the corner! Join us for the fourth annual virtual live event. The ABA Section of Administrative Law and Regulatory Practice will seek 12.5 hours of ONLINE LIVE CLE CREDIT for 8 panels spread over two days. […]