Here is the February 2019 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. On the Senate’s Purported Constitutional Duty to Meaningfully Consider Presidential Nominees to the Supreme Court of the United States: A Response to Chief Judge Peter […]
Next week’s main adlaw event at the Supreme Court is, of course, Kisor v. Wilkie, in which the Court will decide whether to overturn Auer deference to agency regulatory interpretations. But next week’s argument schedule also includes a pretty fascinating adlaw undercard: PDR Network v. Carlton & Harris Chiropractic. Over at SCOTUSblog, I posted a preview […]
Over at JOTWELL last week, I reviewed Amy Semet’s terrific new article An Empirical Examination of Agency Statutory Interpretation, which is forthcoming in the Minnesota Law Review. Here’s a snippet from my review: Inspired by Lisa Bressman and Abbe Gluck’s pioneering empirical study on how congressional staffers approach drafting statutes, I spent months in 2013 surveying federal agency rule drafters on […]
Just barely getting this up in February, but here is the January 2019 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. On the Senate’s Purported Constitutional Duty to Meaningfully Consider Presidential Nominees to the Supreme Court of the […]
Over at the Administrative Fix Blog hosted by the Administrative Conference of the United States (ACUS), Frank Massaro has this post on ACUS’s New Sourcebooks: In early 2019, ACUS will publish several new sourcebooks that will serve as invaluable resources for understanding the federal government and the diverse work of federal administrative agencies. First, in January […]
Tomorrow the Senate Judiciary Committee will hold its hearing on the nomination of Neomi Rao to the U.S. Court of Appeals for the D.C. Circuit. In nominating Rao, President Trump has chosen wisely. Indeed, Rao’s current service as the nation’s regulatory czar makes her uniquely qualified to serve on the D.C. Circuit. The D.C. Circuit […]
This week the Supreme Court set oral argument in Kisor v. Wilkie for March 27th. Kisor presents the question whether the Court should overturn Auer deference — the doctrine that commands courts to defer to an agency’s interpretation of its own regulation so long as it is not plainly inconsistent. Last year I published a short […]
This year has been a terrific one for new administrative law scholarship, and I’m looking forward to drafts of new papers being posted to SSRN in the coming weeks and months as the spring law review submission cycle begins. But here is the final 2018 edition — the December 2018 Edition — of the most-downloaded […]
From the Penn Program on Regulation website: Who Should Attend This executive program is intended for any executive or professional who interacts with regulatory decisions. It is well-suited for executives or professionals from around the world who work with regulation at the local, state, provincial, regional, national, or international levels, whether from business or government. […]
With the Washington Post breaking the news today that Elizabeth Warren has proposed a wealth tax, my super-smart tax colleague Ari Glogower has posted to SSRN a working draft of a new paper that explores the constitutionality of various approaches to a wealth tax. For those interested in the subject, it’s definitely worth a read. […]
13th Annual Homeland Security Law Institute Friday May 31, 2019 | Ritz-Carlton Pentagon City, Arlington, VA Please join us on Thursday, February 21, 2019, at the Pentagon City Ritz-Carlton for the 13th annual Homeland Security Law Institute. This year’s conference will feature important updates on recent legislative and regulatory changes impacting the Department of Homeland […]
The Federalist Society has produced a cool new documentary on the origins of Chevron deference, with commentary from Tom Merrill (Columbia Law School), C. Boyden Gray (Boyden Gray & Associates), David Doniger (NRDC), Kristin Hickman (University of Minnesota Law School), and me. Here’s the final product: Here are the details on the project: Justice Stevens’s majority opinion in Chevron […]
As I first noted on the blog four years ago, the Administrative Law Section of Jotwell—The Journal of Things We Like (Lots)—is a terrific resource for administrative law practitioners and scholars. Jotwell’s Administrative Law Section publishes monthly a short review of a current piece of administrative law scholarship, usually authored by one of our terrific contributing editors who are all […]
Here is the November 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. This month has been quite busy, so I don’t have time for my customary annotations of each article. (FWIW, I commented on many of these […]
As I noted back in July, the Supreme Court appeared to have a decent vehicle to consider whether to overrule 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.” Yesterday the Court granted that […]