Notice & Comment

Author: Christopher J. Walker

Notice & Comment

Agency Best Practices: DHS Regulatory Affairs Practice Group Roundtable

Last Thursday I had the privilege of presenting my empirical study on agency statutory interpretation to roughly fifty agency officials at the U.S. Department of Homeland Security as part of DHS’s Regulatory Affairs Practice Group Roundtable (“DHS Roundtable”), which is sponsored by the DHS Office of General Counsel.  It was a terrific group, and I enjoyed […]

Notice & Comment

Marouf, Kagan & Gill on Empirical Realities of Immigration Stays (AdLaw Bridge Series)

Being at the ABA Administrative Law Conference this week has me thinking more about the terrific empirical work scholars are carrying out to better understand real-world administrative law.  One of my favorite such empirical projects from this year is entitled “Justice on the Fly: The Danger of Errant Deportations” by Fatma Marouf, Michael Kagan , and Rebecca […]

Notice & Comment

Most Cited Supreme Court Administrative Law Decisions

SPOILER ALERT: The most cited Supreme Court administrative law decision of all time is Chevron.  Coming in second place, however, may be a bit more surprising:  It’s the Rehnquist Court’s foundational standing decision Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992).  This should provide more fuel to the fiery debate on whether the signature […]

Notice & Comment

Law Schools Hiring in Administrative Law and Regulation (Broadly Defined) (UPDATED 10/3)

10/3 Update: schools added since initial post are underscored in the list below. With the American Association of Law Schools Annual Faculty Recruitment Conference in Washington, DC, less than a month away in two weeks, I thought I’d check in and see which schools are expressly hiring in administrative law and regulation (as broadly defined, per JREG’s […]

Notice & Comment

Metzger on the Administrative Conference of the United States (AdLaw Bridge Series)

When considering how to bridge the gap between the theory and practice of administrative law — the aspiration of this AdLaw Bridge Series — one organization stands out as embodying this mission: theAdministrative Conference of the United States (ACUS). ACUS is an independent federal agency that conducts research in administrative law with the hope of […]

Notice & Comment

The Empirical Realities of Agency Interpretive Practice

As Jerry Mashaw has remarked in the pages of the Administrative Law Review (Vol. 57, p. 537), “Inquiry into the empirical realities of agency interpretive practice can provide a crucial window on [agency statutory interpretation] and an essential step in the assessment of the legitimacy of administrative governance.”  Yet, to date, little work has been done to […]

Notice & Comment

Watts on Seifter on States as Interest Groups in Administrative Law (AdLaw Bridge Series)

My guess is that nearly all law professors are familiar with Jotwell—The Journal of Things We Like (Lots), which is hosted online by the University of Miami Law School under the direction of Michael Froomkin.  But I’m also pretty confident that this resource is underutilized—and for the most part unknown—outside of the legal academy.  I […]

Notice & Comment

Response to Jeff Pojanowski on Delegation and Complexity in Administrative Law

In Jeff’s post last Thursday, he makes the following observation about the continuing role of the nondelegation doctrine in administrative law: Would it make sense, for example, to trade a more vigorously enforceable non-delegation doctrine in exchange for radically lightened notice-and-comment procedural requirements, less monitoring of the use of non-legislative rules, more simplified judicial review […]

Notice & Comment

Pozen on Separation of Powers and Self-Help Countermeasures (AdLaw Bridge Series)

Perhaps due in part to a hopelessly gridlocked Congress, we live in an era of executive discretion. The White House has delayed the Affordable Care Act’s employer mandate. The Department of Homeland Security has announced that it will stop deporting certain noncitizens who are currently required to be removed by statute and refocus its efforts […]