Here at Notice and Comment two years ago, we did an online symposium on the future of Auer (aka Seminole Rock) deference — the doctrine that commands courts to defer to a federal agency’s interpretation of its own regulation unless the agency’s interpretation is “plainly erroneous or inconsistent with the regulation.” In recent years, as I detail […]
President Trump has announced that next Monday, July 9th, he will nominate someone to fill the Supreme Court vacancy left by Justice Kennedy’s retirement last week. According to David Lat, who is arguably the best source on judicial nominations in the Trump Administration, President Trump has interviewed four candidates so far. Here at the Notice […]
When a court concludes that an agency’s decision is erroneous, the ordinary rule is to remand to the agency to consider the issue anew (as opposed to the court deciding the issue itself). The Supreme Court arguably first articulated this ordinary remand rule in the Chenery decisions in the 1940s. As I explore elsewhere, the Court […]
Here is the May 2018 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. There’s a lot of new scholarship on this list, adding signficantly to my summer reading list: Petitioning and the Making of the Administrative State by […]
The headline administrative law opinion coming out of the Supreme Court yesterday was no doubt Justice Kagan’s opinion for the Court in Lucia v. SEC, which held that administrative law judges at the SEC are (at least inferior) officers under the Appointments Clause and thus unconstitutionally appointed by agency officials who are not the head of […]
Over at Truth on the Market, Gus Hurwitz thoughtfully enters the debate between Philip Hamburger and me (here and here) regarding the role of Chevron deference in constraining partisanship in judicial decisionmaking. This debate builds on findings from Administrative Law’s Political Dynamics, my latest paper with Kent Barnett and Christina Boyd from our Chevron in the circuit courts dataset. […]
DEREGULATION, PAST AND PRESENT A Teleforum Sponsored by the ABA Section of Section of Administrative Law & Regulatory Practice Friday, June 8, 2018, at 12:00 PM – 1:30 PM ET Description: The present administration has seen what many consider the most dramatic effort at deregulation since Ronald Reagan took office in 1981. This teleforum considers […]
Over at PrawfsBlawg this month, I’ll be contributing to their coverage of the end of the Term at the Supreme Court. They have assembled a great group of law professors to guest-blog for the month, so definitely bookmark the blog and check it out this month. Here is my first contribution to the SCOTUS end-of-term […]
May has gotten away from me with final exam grading and the start of my law school’s Washington, DC, summer program, which I direct. But here is the April 2018 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. The […]
The editorial board of the Administrative and Regulatory Law News (ARLN), the quarterly publication of the ABA Section of Administrative Law and Regulatory Practice, is seeking submissions on current topics in administrative law from practitioners, academics, judges, or anyone else with an interest in administrative law. Submissions should be approximately 1500-2000 words and may be submitted to […]
Over at TaxProf blog, my colleague Ari Glogower reviews Clint Wallace‘s Centralized Review of Tax Regulations, which is forthcoming in the Alabama Law Review. Last year I read an earlier draft of Wallace’s fascinating paper, which has become all the more important in light of the memorandum of understanding the White House’s Office of Information and Regulatory Affairs […]
Over at the Volokh Conspiracy, Sam Bray has this fascinating and timely post on why the Administrative Procedure Act (APA) does not allow for nationwide injunctions: Sometimes the question is asked whether the Administrative Procedure Act authorizes courts to give national injunctions, because it says that a “reviewing court shall . . . hold unlawful and […]
Over at The Regulatory Review, Melissa Wasserman and I have an essay about the Supreme Court’s decision last week in Oil States and our new paper The New World of Agency Adjudication, which is forthcoming in the California Law Review. Here’s a snippet from our Regulatory Review essay: Last week, the U.S. Supreme Court upheld the constitutionality of […]
Over at the IP/patent law blog Written Description, Lisa Ouellette has a very thoughtful post on The New World of Agency Adjudication, my new paper with Melissa Wasserman that is forthcoming in the California Law Review next year. Here’s the first and last paragraph: Christopher Walker is a leading administrative law scholar, and Melissa Wasserman‘s excellent work on […]
April has been a busy month here at the Notice and Comment blog, with a terrific, two-week symposium organized by my co-blogger Jennifer Mascott on Lucia v. SEC, the constitutional challenge to the appointment of SEC administrative law judges that the Supreme Court heard on Monday. So my monthly SSRN post is coming a bit […]