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. […]
[10/31 Update: Apparently we had ninety people on the live teleforum about our study. The Federalist Society has kindly turned the teleforum into a podcast, which is available here. The paper will not be published until next summer, so comments are particularly welcome.] The Federalist Society’s Administrative Law and Regulation Practice Group has graciously organized […]
Next Friday, October 28th, the American Bar Association Section of Administrative Law and Regulatory Practice will hold its annual Administrative Law Section Awards Dinner in Washington, D.C. Each year the ABA AdLaw Section hands out a number of awards, including an award for the best piece of administrative law scholarship published in the last year. This […]
Over the last few years Michael Sant’Ambrogio and Adam Zimmerman have been doing very important work on the various adjudicatory tools federal agencies may have available to them to engage in aggregate agency adjudication. First, in The Agency Class Action, published in the Columbia Law Review, they sketch out the theoretical and policy case for […]
It is only fitting that on the day the blog launches a new series — The Administrative Conference Update — by our new regular blogger Emily Bremer (welcome!) that I highlight an important new report from the Administrative Conference of the United States (ACUS). With Professor Michael Asimow as the academic consultant, ACUS has spent the last […]
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 […]