As regular readers know, I’m a big fan of Josh Chafetz’s new book Congress’s Constitution: Legislative Authority and the Separation of Powers. I’ve talked about it at numerous conferences and reviewed it for the Michigan Law Review (draft review here). Congress’s Constitution focuses on six powers Congress has to compete with the other branches in our separation-of-powers framework […]
From Professor Lou Virelli: The AALS Administrative Law Section is pleased to announce its “New Voices in Administrative Law” program for the 2018 AALS Annual Meeting in San Diego. The New Voices program is designed to give junior administrative law scholars an opportunity to discuss their work with their more senior colleagues in an informal […]
Here is the October 2017 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. Misconceptions About Nudges by Cass R. Sunstein [CJW Note: As I noted last month, this 12-page essay by Sunstein already has nearly 2,000 downloads on SSRN. […]
Columbia Law Professor Philip Hamburger, author of Is Administrative Law Unlawful?, has started a nonprofit, public interest law firm called the New Civil Liberties Alliance (NCLA). Per this job posting, the NLCA is looking to hire attorneys both at the senior and more junior level. Here’s a description of the NLCA: Founded by law professor […]
[CJW Note: Originally posted on 10/23, but reposted with agenda on 10/26] From the conference website: Perspectives on the PTAB: The New Role of the Administrative State in the Innovation Economy November 9, 2017 9:30 AM – 5:00 PM Antonin Scalia Law School, George Mason University Arlington, Virginia Co-sponsored by the Center for the Protection […]
Over at Jotwell last month, I reviewed a terrific new article by Wendy Wagner, William West, Thomas McGarity, and Lisa Peters entitled Dynamic Rulemaking. It was published in the NYU Law Review earlier this year. Here’s a taste of the review: Despite bipartisan calls for more-rigorous retrospective review, we have little empirical insight into how agencies review regulations today. Enter […]
Earlier this month the Michigan Law Review published Kent Barnett and my Chevron in the Circuit Courts. This is the first, largely descriptive paper from our dataset of all published Chevron decisions in the courts of appeals from 2003 through 2013. Last year Dick Pierce kindly wrote up a Jotwell review of an earlier draft of […]
I hope to blog more about the faculty scholarship awards from the ABA Administrative Law Conference last week — to Adrian Vermeule for his book Law’s Abnegation and to Eloise Pasachoff for her Yale Law Journal article The President’s Budget as a Source of Agency Policy Control. But here is the Vanderbilt Law School’s press release […]
Yes, this is coming out a few weeks late. It’s been a busy month here, including a six-day trip to Vegas for my twentieth high school reunion. Jen and I decided to fly out with all four little kids, which helped me better understand the difference between a “vacation” and a “family vacation.” But September […]
As I noted last month, the ABA Annual Administrative Law Conference is my favorite adlaw event of the year. This year’s program, which starts tomorrow, might be the best one (I’ve attended) to date. Lots of great panels, so check out the full program here. The first panel of the day — Reinvigorating Congress’s Oversight Role […]
Looks like a fascinating law review symposium by the Villanova Law Review (from the law school’s website): The Villanova Law Review examines fifty years of operation under the Freedom of Information Act (FOIA) with its annual Norman J. Shachoy Symposium on October 20, 2017. The symposium features a group of distinguished FOIA and transparency scholars, governmental officials, […]
Last year the Administrative Conference of the United States adopted a recommendation for special procedural rules for social security litigation in the federal district court, based on an incredible empirical study on by Jonah Gelbach and David Marcus. (All of the ACUS project documents are collected here.) The study focused on, among other things, judicial remand […]
Each year the American Bar Association’s Section of Administrative Law and Regulatory Practice publishes Developments in Administrative Law and Regulatory Practice. The print version of the book covers developments in agency adjudication, constitutional law and separation of powers, judicial review, and rulemaking. Additional chapters are included in the e-book version. Although I am not an […]
In Grand Canyon Trust v. Energy Fuels Resources (U.S.A.) Inc., Judge Waddoups of the U.S. District Court for the District of Utah concluded that a state agency is entitled to “some deference” as to an interpretation by the Utah Department of Air Quality (DAQ) of the Clean Air Act and its implementing regulations. Here’s the key part […]
This annual adlaw paper competition by the American Constitution Society always picks a great winner (list of prior winners here), which should come as no surprise based on the amazing group of judges who participate each year. Paper submission deadline is in February, and here are the full details from the ACS’s website: The American […]