As I mentioned in a prior post, I plan on blogging more about the results of my empirical study inside agency statutory interpretation, which is forthcoming in the Stanford Law Review and an updated draft of which is available on SSRN here. In the interim, Reeve Bull has done an excellent post and overview of the […]
Today my colleague Stephanie Hoffer and I will be presenting our paper, “The Death of Tax Court Exceptionalism,” which is forthcoming in the Minnesota Law Review, at the University of Kentucky College of Law Faculty Workshop. Stephanie and I have already blogged about this paper elsewhere (here, here, and here), but I wanted to highlight a […]
As my colleague Paul Rose and I have explored elsewhere, the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) has raised the stakes for financial regulation by requiring more than twenty federal agencies to promulgate hundreds of new rules and regulations. Not only has it kept the financial regulators busy, but it […]
There is a growing trend among law schools to add Legislation and Regulation (“Leg-Reg”) to the required first-year curriculum. Professor Edward Richards keeps a running list of the schools that offer some sort of legislation or administrative law course in the 1L curriculum, and to date at least 27 schools require a 1L course in […]
Last Thursday I had the privilege of presenting my empirical study on agency statutory interpretation to roughly fifty agency officials at the U.S. Department of Homeland Security as part of DHS’s Regulatory Affairs Practice Group Roundtable (“DHS Roundtable”), which is sponsored by the DHS Office of General Counsel. It was a terrific group, and I enjoyed […]
Being at the ABA Administrative Law Conference this week has me thinking more about the terrific empirical work scholars are carrying out to better understand real-world administrative law. One of my favorite such empirical projects from this year is entitled “Justice on the Fly: The Danger of Errant Deportations” by Fatma Marouf, Michael Kagan , and Rebecca […]
One of the most frequent questions I get from other junior administrative law professors is whether they should attend the Administrative Law Conference held each October and sponsored by the American Bar Association Section of Administrative Law and Regulatory Practice. My answer is always a resounding YES, and that applies to anyone who researches, teaches, […]
This week at the Seventh Annual Junior Faculty Federal Courts Workshop, hosted by the University of Georgia School of Law (with Kent Barnett and Matt Hall as organizers), there have been a number of terrific presentations that attempt to bridge the gap between theory and practice with an obvious focus on court-related topics such as […]
SPOILER ALERT: The most cited Supreme Court administrative law decision of all time is Chevron. Coming in second place, however, may be a bit more surprising: It’s the Rehnquist Court’s foundational standing decision Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992). This should provide more fuel to the fiery debate on whether the signature […]
10/3 Update: schools added since initial post are underscored in the list below. With the American Association of Law Schools Annual Faculty Recruitment Conference in Washington, DC, less than a month away in two weeks, I thought I’d check in and see which schools are expressly hiring in administrative law and regulation (as broadly defined, per JREG’s […]
When considering how to bridge the gap between the theory and practice of administrative law — the aspiration of this AdLaw Bridge Series — one organization stands out as embodying this mission: theAdministrative Conference of the United States (ACUS). ACUS is an independent federal agency that conducts research in administrative law with the hope of […]
The Social Science Research Network (SSRN) is a terrific resource for current scholarship in a variety of academic fields, and a particularly valuable resource for legal scholarship. It’s also a great way to see other publications and works in progress by a particular scholar, as just about everyone posts their papers on SSRN. So if […]
As Jerry Mashaw has remarked in the pages of the Administrative Law Review (Vol. 57, p. 537), “Inquiry into the empirical realities of agency interpretive practice can provide a crucial window on [agency statutory interpretation] and an essential step in the assessment of the legitimacy of administrative governance.” Yet, to date, little work has been done to […]
My guess is that nearly all law professors are familiar with Jotwell—The Journal of Things We Like (Lots), which is hosted online by the University of Miami Law School under the direction of Michael Froomkin. But I’m also pretty confident that this resource is underutilized—and for the most part unknown—outside of the legal academy. I […]
“Either you don’t teach administrative law or I don’t practice administrative law because what you and I do have nothing to do with each other.” — Peter Barton Hutt, Senior Counsel at Covington & Burling, Former FDA Chief Counsel, Harvard Law Lecturer ( Celebrating Peter Barton Hutt’s 20 Years (thus far) at HLS, at 55:50 […]