Here is the May 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. 1. The Problem of Intra-Personal Cost by Brian D. Galle 2. The Cycles of Separation-of-Powers Jurisprudence by Aziz Z. Huq and Jon D. Michaels (Yale […]
With several paper deadlines over the last two weeks (and next two weeks), the AdLaw Bridge Series has been a bit neglected.* But I wanted to quickly highlight a terrific article, which Jotwell has more fully reviewed. Last week over at Jotwell, Anne O’Connell reviewed FOIA, Inc. by Margaret Kwoka, which was published in the […]
As I blogged about back in February, Duke Law Journal‘s annual administrative law symposium this year is titled Intellectual Property Exceptionalism in Administrative Law. Video of February’s live symposium is available here. It was a terrific event, and draft papers were very thought provoking. Those papers were published earlier this month, and full issue is available here. […]
The Center for the Study of the Administrative State, directed by Neomi Rao, has put together a terrific conference entitled Revisiting Judicial Deference: History, Structure, and Accountability. That’s next Thursday, 6/2, at George Mason, starting at 8:45AM. The conference is open to the public and free. Please register here. The lunch keynote will be by […]
On May 26, 2016, the ABA Section of Administrative Law and Regulatory Practice will hold a teleconference marking the Twentieth Anniversary of the Congressional Review Act (CRA). The CRA gives Congress the power to disapprove certain types of “economically significant” regulations before they go into effect. Although previously an afterthought, the CRA has recently taken […]
On May 17, 2016, the Energy Committee of the American Bar Association Section of Administrative Law and Regulatory Practice will hold a teleconference on the U.S. Supreme Court’s recent Hughes v. Talen Energy Marketing, LLC decision, a watershed case concerning the scope of a state’s powers, consistent with the Federal Power Act, to subsidize new […]
I’m guessing I’m not alone in looking at a pile of final exams to grade. In case you need a distraction (or a start on your summer reading list), here is the April 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 […]
As I mentioned a couple weeks ago, RegBlog is celebrating its fifth birthday with a special series looking back on the last five years in regulation. This RegBlog@5 Series has been a lot of fun so far, and it epitomizes RegBlog’s ability to help bridge the gap between theory and practice in the regulatory state. […]
The ABA Section of Administrative Law and Regulatory Practice, Government Personnel Committee will host two brown bag lunches this month on the latest developments at the Merit Systems Protection Board (“MSPB”) and Equal Employment Opportunity Commission (“EEOC”), Office of Federal Operations. These brown bags are part of a larger series of discussions the Government Personnel […]
Greetings from Andrew Emery and Susan Prosnitz, co-chairs of the ABA’s 2016 Fall Administrative Law Conference to be held on December 8-9, 2016, at the Walter E. Washington Convention Center in Washington, D.C. As is the customary practice of the ABA Section of Administrative Law and Regulatory Practice, we would like you to propose topics […]
Especially in light of my interest in immigration adjudication—where immigration judges are administrative judges and not administrative law judges—I was particularly excited to read an earlier draft of Kent Barnett’s Against Administrative Judges, which is forthcoming in the UC Davis Law Review. You can download a draft of the paper here, and here’s the abstract: […]
Earlier this month we hosted a terrific online symposium reviewing my co-blogger Peter Conti-Brown’s important new book The Power and Independence of the Federal Reserve, which was recently published by the Princeton University Press. The contributions to the symposium were diverse and thought-provoking. For ease of reference, I thought I’d include links to all of […]
Over at Procedurally Taxing last week, my colleague Stephanie Hoffer and I weighed in on a fascinating new decision out of the Tax Court that held that Chenery does not apply to preclude the IRS from making arguments in the judicial tax deficiency action that the IRS did not make at the agency level. The […]
This month over at RegBlog they are celebrating their fifth birthday with a fifteen-part series on the last five years in regulation. (I’ll be contributing a piece later this month on developments regarding administrative law’s judicial deference doctrines.) [Update: The entire series and schedule can be found here.] RegBlog founder and Penn law professor Cary […]
Two weeks ago, in MetLife v. Financial Stability Oversight Council, District Judge Rosemary Collyer (D.D.C.) sent waves through the financial services industry and among scholars of cost-benefit analysis. Relying in part on the Supreme Court’s decision last Term in Michigan v. EPA , the district court held that the FSOC violated the Administrative Procedure Act […]