Next week I’ll be heading to Austin, Texas, to participate in the Texas Attorney General Office’s 2017 Constitutional Law Conference on July 19, 2017. I’m on the first panel entitled “The Past, Present and Future of Judicial Deference to Federal Agencies,” with Aditya Bamzai and Kristin Hickman and moderated by Texas Solicitor General Scott Keller. […]
I’m still recovering from an exhausting but awesome Second Annual Administrative Law New Scholarship Roundtable, which my colleague Peter Shane and I hosted at Ohio State last week. I completely concur in Peter’s assessment of the roundtable (which he posted on Facebook last week): There are days that really remind you what academic life is like at […]
Last July Kent Barnett and I posted a draft of the first paper from our years-long coding project of every publish circuit court decision over an eleven-year period that dealt with Chevron deference. That paper is forthcoming in the Michigan Law Review later this year. I blogged about it here, and Dick Pierce reviewed it over […]
Here is the call-for-papers information for this terrific annual workshop at the AALS 2018 Annual Meeting: The AALS Section on Legislation & Law of the Political Process is pleased to announce that it will host a “New Voices in Legislation” program during the 2018 AALS Annual Meeting in San Diego, CA. This works-in-progress program will […]
Over at PrawfsBlawg today, I added the following contribution to its month-long SCOTUS Symposium: This morning the Supreme Court granted review in just one case, and limited its review to one question (three were presented in the petition): Oil States Energy Services LLC v. Greene’s Energy Group, LLC. It’s yet another patent law case from the Federal […]
Here is the May 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. Abuse of Power: The CFPB and Ocwen Financial Corp by Richard Christopher Whalen [CJW Note: The author does not seem to be a very big fan […]
Next Wednesday, June 7, at 10:00AM the Senate Homeland Security and Governmental Affairs Committee (HSGAC) will hold its hearing on the nomination of Neomi Rao to serve as the Administrator of the Office of Information and Regulatory Affairs — a position which is been dubbed the President’s “regulatory czar.” This morning we submitted to HSGAC a letter from […]
This looks like a terrific event, with some of my favorite adlaw scholars speaking. From the D.C. Bar website: Administrative Law: Year in Review Date & Time: Wednesday, June 7, 2017 from 12:00 pm to 1:30 pm CLE Credit: No Event Description From key court decisions, to Congress’s unprecedented use of the Congressional Review Act, […]
Amazon tells me that Josh Chafetz’s new book Congress’s Constitution: Legislative Authority and the Separation of Powers is now available for purchase. Over the last few weeks I’ve been reading the publisher proofs as I’ll be reviewing the book for the Michigan Law Review later this year. It’s a terrific read and an important and timely contribution to […]
If you’re in D.C. tomorrow and wanting to chat more about Chevron deference, I’ll be presenting the findings from my coauthored study Chevron in the Circuit Courts (with Kent Barnett, Michigan Law Review forthcoming) at the D.C. Bar. Here are the details from the D.C. Bar website: Chevron Deference in the Circuit Courts Date & […]
On Wednesday, the Senate Homeland Security and Government Affairs Committee (HSGAC) reported out favorably the Portman-Heitkamp Regulatory Accountability Act. I’ve blogged about this bipartisan regulatory reform legislation here and here, and I have an more in-depth take on the legislation in an essay forthcoming in Administrative Law Review. Earlier this week, moreover, The Regulatory Review (f/k/a RegBlog) […]
Over at The Regulatory Review today, Scott Slesinger, Legislative Director at NRDC, and Robert Weissman, President of Public Citizen, have an essay detailing their lawsuit challenging the lawfulness of the Trump Administration’s Executive Order on Reducing Regulation and Controlling Regulatory Costs. Over at the Library of Law and Liberty blog back in February, Brian Mannix posted […]
As my co-blogger Aaron Nielson covered in his D.C. Circuit Review — Reviewed “postscript” two weeks ago, the D.C. Circuit recently denied rehearing in United States Telecom Ass’n v. FCC, which was the challenge to the FCC’s net neutrality regulations. Among more than one hundred pages of separate opinions concerning the denial, Judge Kavanaugh has a […]
Perhaps the most controversial provisions of the Portman-Heitkamp Regulatory Accountability Act of 2017 concern the availability of a public hearing for rules that have an economic impact of $100 million or more. The legislation would amend the Administrative Procedure Act to allow interested parties to petition for a public hearing and require the agency to include […]
Here is the April 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. Moral Commitments in Cost-Benefit Analysis by Eric Posner & Cass Sunstein [CJW Note: This is a great paper about quantifying moral values in cost-benefit analysis by eliciting […]