Over at Jotwell last week, I highlighted as one of the best new articles in administrative a piece by Aditya Bamzai entitled The Origins of Judicial Deference to Executive Interpretation. This article is forthcoming in the Yale Law Journal next year, and it’s a must-read article for adlaw geeks as Bamzai casts serious doubt on the […]
Every year I look forward to the George Washington Law Review‘s Annual Review of Administrative Law, as the editors do a great job of selecting articles for inclusion in the issue. (I’m not just saying that because they published the first article I wrote after joining the law faculty here.) This year’s issue was just published, […]
September was a good month for administrative law scholarship on SSRN, perhaps in part because scholars posted articles that they placed with law reviews in the fall cycle. I look forward to blogging about a number of these articles in greater detail as part of my AdLaw Bridge Series. At any rate, here is the September […]
Today the Center for Compliance Studies at Loyola University Chicago School of Law is hosting a terrific conference entitled Complying with Law. Here’s the description from the conference website: The Loyola University Chicago Journal of Regulatory Compliance will host a one-day symposium to launch its inaugural issue and the establishment of the Center for Compliance Studies. […]
Are you looking for an additional way to stay on top of developments in administrative law? Well, you’re in luck! The ABA Section of Administrative Law and Regulatory Practice just released its seventeenth edition of Developments in Administrative Law and Regulatory Practice, covering developments in the field during the 2015 calendar year. The paperback, now […]
Apologies for the delay in posting this month’s reading list. The last few weeks have been busy in filing briefs in a number of administrative law cases in addition to enjoying the blog’s Auer/Seminole Rock deference symposium and this amazing conference at Florida State on administrative law / environmental law without courts. But here is the […]
This Friday the Florida State University College of Law is hosting a terrific conference entitled Environmental Law Without Courts. The conference builds on the law school’s prior conference on environmental law without Congress. As the conference website explains, “[t]his conference will bring together prominent environmental and administrative law scholars from across the country, and explore […]
Yesterday we had three terrific posts on whether Auer deference actually makes a difference in the federal courts of appeals. In other words, do agencies win more when courts apply Auer deference (also known as Seminole Rock deference) to give an agency’s regulatory interpretation “controlling weight unless it is plainly erroneous or inconsistent with the […]
At the American Association of Law Schools Annual Meeting in January 2017 (in San Francisco), both the Administrative Law Section and Legislation Section will be hosting again their terrific new voices programs. I’ve participated in the adlaw section’s program a couple times, and it’s a terrific opportunity to get feedback from senior scholars in the […]
This post will be short, as we will be hosting a terrific online symposium in September on judicial deference to an agency’s interpretation of its own regulations (a.k.a. Auer deference or Seminole Rock deference). We have a terrific line-up, including the three scholars featured in this post. But I wanted to highlight now in the […]
Earlier this year my Ohio State colleague Peter Shane and I read at our regular “book club” Leah Litman‘s Taking Care of Federal Law, which was published in the Virginia Law Review. This is such a engaging and provocative paper, and I was glad to see Peter review it for Jotwell last month. Here’s a summary of the paper […]
I blogged about this project earlier in the year, but I’m excited to report that I finally have a full draft of the article, Legislating in the Shadows, which is forthcoming in the University of Pennsylvania Law Review. This article documents a previously under-explored yet widespread practice—how agencies confidentially assist Congress in drafting statutes—and then explores […]
Over at the Library of Law and Liberty, I had a post yesterday, entitled Do Judicial Deference Doctrines Actually Matter?, on Kent Barnett and my new article Chevron in the Circuit Courts, which is forthcoming in the Michigan Law Review. In that post, I briefly recap the current debate about whether to get rid of, or […]
Yesterday over at LegalPlanet, Dan Farber had an interesting post highlighting a right-of-center proposal for more rigorous training in law school on regulatory policy and economics: Since the days of Felix Frankfurter, the Administrative Law course has been a staple of American law schools. It’s a great course, but it’s limited. The same is true […]
In the last few years, (at least) two important books on legal interpretation have been published: Justice Scalia and Bryan Garner’s Reading Law: The Interpretation of Legal Texts, and then Judge Katzmann’s Judging Statutes. I have blogged a fair amount about Reading Law (posts collected here) and contributed to the Green Bag’s entertaining microsymposium on the […]