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 […]
As I noted last week, Senators Heitkamp and Portman, joined by Senators Hatch and Manchin, just introduced the Regulatory Accountability Act of 2017. Portman’s press release is here, and the full text of the bill is available here (you can also subscribe there for alerts on the legislation). My co-blogger Adam White had a thoughtful […]
My colleague Peter Shane and I are hosting the Second Annual Administrative Law New Scholarship Roundtable here at The Ohio State University on June 27-28, 2017. Last year’s inaugural roundtable at Michigan State was a terrific event. In February, we issued the call for papers. We now have our lineup of presenters and senior commentators. Once […]
Over at Jotwell, Chip Murphy reviews Bill Funk‘s short essay Final Agency Action after Hawkes, which is forthcoming in the New York University Journal of Law and Liberty. Here’s a summary of Funk’s essay from the SSRN abstract: On May 31, 2016, the Supreme Court decided United States Army Corps of Engineers v. Hawkes Co. (Hawkes), […]
The video of today’s press conference is here, and I’ve pasted below Senator Portman’s press release on the legislation. This is an important and thoughtful proposal to modernize the Administrative Procedure Act, and I will have much more to say about it in the coming weeks (once my Senate academic fellowship concludes). Here’s the press release: […]
We published a number of blog posts on the Gorsuch Supreme Court confirmation hearing — at least with respect to Judge Gorsuch’s administrative law and separation of powers jurisprudence. In light of that coverage, I thought readers may be interested in a terrific series by Larry Solum, who testified at the confirmation hearing, entitled “The […]
Here is the March 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. I wish I had more time comment, as this month has a particularly strong set of papers. Here’s the list: The Endgame of Administrative Law: […]
The Center for the Study of the Administrative State at George Mason’s Antonin Scalia Law School has another terrific conference planned. This conference, entitled Rethinking Due Process, will be held on April 21, 2017, at the Antonin Scalia Law School. You can register for free here. Here’s the conference description: You are invited to a […]
Here’s the call for papers: The Chapman Law Review is pleased to invite article submissions on the theme: “Constraining the Executive Branch.” Publications will appear in a symposium edition, and authors will receive an honorarium. The executive branch is often criticized for overreaching its powers. Legal issues arise regarding constraining such powers through legislation and […]
In a post entitled Gorsuch on Chevron, Eric Posner has posted the brief Q&A on Chevron deference from the first round of questioning of Judge Gorsuch before the Senate Judiciary Committee. For adlaw geeks, this exchange is definitely fascinating. During secound round, however, Judge Gorsuch went into much greater detail regarding his views on Chevron deference. […]