Over at Prawfsblawg, Orly Lobel features Mila Sohoni’s new article Crackdowns, which is forthcoming in the Virginia Law Review. Here is Professor Lobel’s take on the piece: Crackdowns are administrative actions designed to increase enforcement in a particular area – such as taking a few weeks in which OSHA inspectors focus on janitorial services with surprise inspections. […]
Here is the November 2016 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. This is a terrific set of papers, and I wish I had more time this week to say a few words about each one. Bureaucracy […]
One of the cases I discussed during my presentation on developments in agency adjudication at the annual ABA Administrative Law Conference last week was the D.C. Circuit’s decision in American Immigration Lawyers Association v. Executive Office for Immigration Review. In this case, the D.C. Circuit addressed a number of important issues related to a Freedom of Information […]
Excellent resource for adlaw geeks interested in transition. Per the Washington Post here: The Post and Partnership for Public Service, a nonprofit, nonpartisan organization, are tracking these 662 executive branch appointments through the nomination process. These positions include Cabinet secretaries, deputy and assistant secretaries, chief financial officers, general counsel, heads of agencies, ambassadors and other […]
From the ACUS Administrative Fix Blog: We are pleased to announce this December 9th DC Bar program based on a recent ACUS project. http://www.dcbar.org/marketplace/event-details.cfm?productcd=011708ADMC This program will highlight important new research on how agencies assist Congress in drafting legislation. This work provides insights for congressional staff in better utilizing agencies. Professor Chris Walker, from The […]
As I blogged about in November, this Thursday and Friday in Washington, DC, is the annual ABA Administrative Law Conference. This is an absolute must-attend conference for adlaw nerds, scholars, and practitioners. You can register and get the full schedule here. On Thursday afternoon from 3:00PM-4:30PM, I’ll be moderating a terrific panel on administrative law exceptionalism. […]
This year’s ABA Administrative Law Conference was already going to be an amazing event — an absolute must-attend conference for adlaw nerds, scholars, and practitioners. But with the election surprise and change in presidential administration (plus a Congress controlled by the same party as the President-Elect), the topics being covered at the conference take on […]
With the presidential transition in process and one party about to control both chambers of Congress and the White House, it seems timely to highlight the terrific scholarship by Jon Michaels on administrative separation of powers. I recently reviewed several chapters from his forthcoming book on the subject, and they reminded me of a great article — entitled […]
I am delighted to contribute to this symposium on the 2016 Report to the President-Elect that the American Bar Association’s Section of Administrative Law and Regulatory Practice issued shortly before the presidential election. As Emily Bremer noted in her symposium introduction earlier today, a number of administrative law scholars and experts will be doing short […]
The Data Quality Act (DQA), aka as the Information Quality Act, allows members of the public to file citizen petitions to obtain corrections of inaccurate information disseminated by federal agencies. Consequently the DQA provides a means for the public to obtain corrections in press releases, reports and regulations issued by federal agencies. In essence the […]
The 2016 Federalist Society National Lawyers Convention takes place later this week in Washington, DC. The conference theme this year centers on the jurisprudence and legacy of Justice Scalia. In light of the presidential election surprise last week, the theme will no doubt be more prospective — and not just retrospective — than originally planned. […]
My guess is that the Trump Transition Team is feeling pretty overwhelmed right now, so I’ll keep this initial post short and sweet. But I did want to share a few thoughts on the regulatory state that may be of value to the Transition Team as they identify key political appointees and first priorities for […]
Here is the October 2016 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. And it’s a really terrific set of papers. Law in the Anthropocene Epoch by Eric Biber [CJW Note: I’m a big fan of Biber’s coauthored work […]
In the frequently asked questions chapter of the Federal Register Document Drafting Handbook, the Office of the Federal Register provides (in Section 18.7) the following prohibition: It is not appropriate to quote laws and rules in the text of Federal Register documents. Laws may be paraphrased and rules may be cross-referenced if they meet the requirements in […]
I am a big fan of Kathryn Kovacs‘s important work on the Administrative Procedure Act (APA) and administrative common law (here, here, and here). So I was so excited when the editors of my institution’s main journal, the Ohio State Law Journal, informed me that they would be publishing Professor Kovacs’s latest article, Scalia’s Bargain. […]