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 […]
Many of us remember seeing the 1982 PBS documentary The Regulators: Our Invisible Government in our administrative law course in law school. C-SPAN has made this instant adlaw classic available for public viewing on its website here. [HT Linda Jellum!] Here’s a summary of the documentary from C-SPAN: The Regulators The Regulators: Our Invisible Government is a 1982 […]
We have a terrific program on the Hill at the end of this month in developments on federal administrative adjudication. It will take place on September 29, 2017, from 9am to noon at the Dirksen Senate Office Building Room 562 [note room change] (located northeast of the Capitol on a site bounded by Constitution Avenue, […]
Back in April the Georgetown Center for the Constitution and the Institute for Justice organized a terrific conference entitled Challenging Administrative Power. The Georgetown Journal of Law and Public Policy generously agreed to publish the papers presented at the conference, and that conference issue is forthcoming early next year. For my short conference contribution, I decided […]
Below are the details from the ABA AdLaw Section. For what it’s worth, my ABA Adjudication Co-Chair (and the ACUS Vice Chair) Matt Wiener and I have helped organize two great panels on agency adjudication — one on recent developments related to the constitutionality of administrative law judges and the other on agency adjudication outside […]
Last month was a particularly good one for administrative law scholarship on SSRN, with a number of great new papers from the “who’s who” and “risings stars” in the field. Unfortunately I lack the bandwidth this month to comment on each piece. But here is the August 2017 edition of the most-downloaded recent papers (those […]