Notice & Comment

Author: Christopher J. Walker

Notice & Comment

Rodriguez, Stiglitz & Weingast on Presidential Signing Statements and Separation of Powers (AdLaw Bridge Series)

In my survey of federal agency rule drafters, I decided to ask a question about the role of presidential signing statements in agency statutory interpretation. In particular, I included a list of nine types of legislative history and asked: “For each of the following, please tell us if the type of legislative history is a (VR) […]

Notice & Comment

Improved Economic Analysis in SEC Rulemaking?

As I’ve blogged about before, the role of cost-benefit analysis—and economic analysis more generally—in financial regulation has been a hot topic in recent years among scholars, policymakers, regulators, and the regulated. This debate has been sparked in part by the D.C. Circuit’s aggressive review of SEC rulemaking—in cases like Business Roundtable v. SEC and others—and […]

Notice & Comment

Michaels on Parrillo and Government Privatization (AdLaw Bridge Series)

I previously blogged here about Nicholas Parrillo‘s terrific book Against the Profit Motive: The Salary Revolution in American Government, 1780-1940 (2013), noting that the book “is a fascinating read for anyone interested in the history (and future) of administrative law and regulation.” Recently in the pages of the Harvard Law Review, Jon Michaels reviews Nick’s […]

Notice & Comment

What King v. Burwell Means for Administrative Law

Today the Court handed down a 6-3 decision in King v. Burwell, upholding the Government’s regulation interpreting the Affordable Care Act to allow for tax subsidies in healthcare exchanges established by the Federal Government. This is a big win for the Obama Administration in a case that most felt could go either way after the […]

Notice & Comment

What King v. Burwell Means for Statutory Interpretation

This morning I blogged about what the 6-3 decision in King v. Burwell means for administrative law (post here). Part of my conclusion there is that the Court’s decision in King chips away at the bright-line rule-based approach to Chevron deference—an approach Justice Scalia has championed—by reinvigorating the major questions doctrine. King, however, constitutes a major […]

Notice & Comment

New ACUS Project on Aggregate Agency Adjudication

The Administrative Conference of the United States (ACUS) just announced a new project they’ve commissioned, entitled Aggregate Agency Adjudication. The consultants on this project are Adam Zimmerman and Michael Sant’Ambrogio, and it builds on their terrific article The Agency Class Action, 112 Colum. L. Rev. 1992 (2012). Here’s a description of the project, from the ACUS project […]

Notice & Comment

Important New Empirical Studies on Immigration Adjudication (AdLaw Bridge Series)

With the spring law review submission process winding down, I’ll be spending the next few months trying to catch up on covering the terrific new administrative law scholarship via this Administrative Law Bridge Series. In this post, I’d like to highlight three important empirical studies on immigration adjudication. Full disclosure: Immigration adjudication is an area […]