Notice & Comment

Author: Christopher J. Walker

Notice & Comment

The George Washington Law Review’s Annual Review of Administrative Law (AdLaw Bridge Series)

The Administrative Law Review and Yale Journal on Regulation publish terrific administrative law scholarship throughout the year. But I look forward to two special annual administrative law symposia: the George Washington Law Review‘s Annual Review of Administrative Law and the Duke Law Journal’s Annual Administrative Law Symposium. I blogged about DLJ’s symposium, entitled “Taking Administrative […]

Notice & Comment

Great AdLaw/Reg Panels at The Federalist Society Annual Faculty Conference This Weekend

Later this week the American Association of Law Schools (AALS) holds its annual meeting in Washington, DC (more details here). There are some terrific regulation-related panels at AALS this year, but preregistration is required and the attendance cost is pretty significant. This weekend the Federalist Society will be hosting its annual faculty conference right across the street […]

Notice & Comment

Ross on Nou on Administrative Law Meets Election Law (AdLaw Bridge Series)

Over at Jotwell — the Journal of Things We Like (Lots) — Betrall Ross has a terrific review of Jennifer Nou’s latest article “Sub-Regulating Elections.” This article was just published in the Supreme Court Review, and is available behind a paywall on JSTOR here. An earlier draft is also available (for free) on SSRN here. Here’s a summary […]

Notice & Comment

The Green Bag’s Micro-Symposium on Scalia and Garner’s Reading Law, Part II

As I mentioned last week, the Green Bag just published a micro-symposium on Justice Antonin Scalia and Professor Bryan Garner‘s treatise Reading Law: The Interpretation of Legal Texts. I blogged about the first half of the symposium last week here. And I blogged about Reading Law‘s usefulness in the classroom and in administrative law practice here — […]

Notice & Comment

Scalia & Garner’s Reading Law in the Classroom and in the Real World (AdLaw Bridge Series)

Yesterday I blogged about the first half of the Green Bag‘s micro-symposium on Scalia and Garner’s treatise Reading Law: The Interpretation of Legal Texts. That post is here, and the micro-symposium can be downloaded here. My terrific research assistant Andrew Mikac and I contributed a 1,000-word essay to the symposium, focusing on the usefulness of […]

Notice & Comment

ACUS Recommendations from the 61st Plenary Session, by Chris Walker

Last week the Administrative Conference of the United States (ACUS) held its 61st Plenary Session. I’ve previously blogged about the important work ACUS does for the federal regulatory state. I hope to find more time to blog about the three recommendations ACUS approved — especially the one on retrospective review of agency rules. But for now I’ll just provide […]

Notice & Comment

Beermann on Ahdieh on Cost-Benefit Analysis in Financial Regulation (AdLaw Bridge Series)

Over at the Journal of Things We Like (Lots) — aka Jotwell, the value of which I explain further here —  Jack Beermann has a great review of one of my favorite articles on cost-benefit analysis in financial regulation: Robert Ahdieh‘s Reanalyzing Cost-Benefit Analysis: Toward a Framework of Functions(s) and Form(s), which was published in the NYU Law Review. […]

Notice & Comment

Is It Time to Revisit Auer Deference? Some Preliminary Empirical Findings

Yesterday the Supreme Court heard argument in Perez v. Mortgage Bankers Association, which presents an important administrative law question of whether notice-and-comment rulemaking is required when an agency significantly alters an interpretive rule that sets forth the agency’s interpretation of its own regulation. Jeff has done two very thoughtful posts about the case here and here, and […]

Notice & Comment

Pasachoff on Agency Defunding of Federal Grantees (AdLaw Bridge Series)

Last month 28 Harvard law professors published an op-ed calling on Harvard University to rethink its university-wide sexual harassment policy. As the law professors explained, Harvard’s new sexual harassment policies and procedures “lack the most basic elements of fairness and due process, are overwhelmingly stacked against the accused, and are in no way required by Title […]

Notice & Comment

Barnett on Dodd-Frank as an Agency Deference Pioneer (AdLaw Bridge Series)

This is the second time in the AdLaw Bridge Series where I’m highlighting excellent scholarship inspired by the  Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank). As I mentioned in my prior post and as Paul Rose and I have explored elsewhere ( here and here), Dodd-Frank has raised the stakes for financial regulation […]

Notice & Comment

Greve & Parrish on Administrative Law Without Congress (AdLaw Bridge Series)

Now that both chambers of Congress are controlled by one party and the presidency by the other, it seems fitting to highlight in the AdLaw Bridge Series this week a terrific paper by Michael Greve and Ashley Parrish entitled “Administrative Law Without Congress: Of Rewrites, Shell Games, and Big Waivers .”  The article will be published in the George […]

Notice & Comment

Should Courts Defer to Administrative Interpretations of Criminal Law?

Yesterday in a short statement respecting the denial of certiorari in Whitman v. United States, Justice Scalia — joined by Justice Thomas — raised an interesting question about whether “a court owe[s] deference to an executive agency’s interpretation of a law that contemplates both criminal and administrative enforcement.”  Here are some highlights (citations omitted): I doubt the […]