It’s a new year for administrative law scholarship, one full of promise with so many fascinating adlaw issues arising with a change in presidential administration. We have new executive orders and other executive actions, chatter about the removal of the CFPB director, agencies with new leadership with new agendas, unified government with perhaps unusual alliances for […]
Today I start a semester-long academic fellowship in Senator Orrin Hatch’s Office to work on judicial nominations and regulatory reform legislation. Due to joining the Senate staff, my blogging (and tweeting) will be limited to conform to these new professional obligations (and the Senate ethics rules). For instance, I won’t be blogging about any potential regulatory reform […]
At the American Bar Association’s annual Administrative Law Conference in December, I had the privilege of moderating a panel entitled Your Agency Is Not That Special: The Decline of Administrative Law Exceptionalism. The panel consisted of leading experts on administrative law exceptionalism from three distinct regulatory fields: Jill Family for immigration, Kristin Hickman for tax, […]
Over at Jotwell, Kathryn Watts reviews my co-blogger Nick Bagley’s latest article, Remedial Restraint in Administrative Law, which is forthcoming in the Columbia Law Review. We need more scholarly discussion on remedies in administrative law — Sam Bray’s new paper on nationwide injunctions comes immediately to mind — and Professor Watts’s review and Nick’s article are terrific […]
Last year was a terrific one for administrative law scholarship! Here is the December 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. Changing Climate Change, 2009-2016: A Preliminary Report by Cass R. Sunstein [CJW Note: This is Professor […]
Yesterday Ron Cass, Chris DeMuth, and I filed an amicus brief in Gloucester County School Board v. G.G. — the Supreme Court case that considers the U.S. Department of Education’s interpretation of Title IX with respect transgender students and access to bathrooms in public schools. We do not weigh in on the merits of the statutory […]
As part of our online symposium on the ABA Section of Administrative Law and Regulatory Practice 2016 Report to the President-Elect, Adam White had a great post about the ABA AdLaw Section’s recommendation on the importance of retrospective review. Yesterday, Shaun Donovan, the director of the Obama Administration’s Office of Management and Budget, posted his Exit Memo. […]
Last week I highlighted a number of adlaw-related panels at this week’s AALS Annual Meeting here in San Francisco. So far it’s been a terrific conference. For administrative law scholars who are here, I wanted to do a quick reminder post that the AALS Administrative Law Section’s main panel is today at 1:30PM (in Golden Gate […]
In the Washington Post yesterday, Dave Wiegel penned a fascinating article on the new Congress’s legislative agenda on regulatory reform. Here’s a taste from the article: For six years, since they took back the House of Representatives, Republicans have added to a pile of legislation that moldered outside the White House. In their thwarted agenda, financial […]
The annual meeting of the American Association of Law Schools (AALS) is next week in San Francisco, and there is a lot of terrific administration law and regulation programming this year. Based on a quick review, I’ve posted below the various panels that touch on administrative law and regulation. I’ve also included a couple panels […]
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 […]