Notice & Comment

Author: Adam White

Notice & Comment

The New Executive Order on Social Media Is Primarily About Consumer Protection Laws, Not “Publisher” Status

By the time he actually signed it, President Trump’s “Executive Order on Preventing Online Censorship” was no surprise. His complaints about social media platforms, and his calls for Congress to rescind Internet platform companies’ immunity under Section 230 of the Communications Decency Act, are long-familiar refrains. More recently, he practically shouted his intentions to take […]

Notice & Comment

Covid-19, Regulatory Recalibration, and Learning for the Long Run

Yesterday the White House issued a new executive order titled “Executive Order on Regulatory Relief to Support Economic Recovery.” It is intended, most immediately and obviously, to amplify the economic recovery so sorely needed amid the Covid-19 crisis. But President Trump’s order could have significant long-term effects, because it contains what we can think of […]

Notice & Comment

Call for Papers: Lessons Learned from Covid-19

A few weeks ago, the C. Boyden Gray Center for the Study of the Administrative State announced its 2020–2021 agenda for research roundtables. Today we are calling for papers for the first two Autumn 2020 roundtables, both related to the Covid-19 outbreak: [T]he Gray Center’s first two research roundtables will focus on lessons learned from […]

Notice & Comment

Congress Should Fix the Nationwide Injunction Problem with a Lottery

The Administrative Conference’s forum on nationwide injunctions certainly is well-timed. Just days ago, the Court published Justice Gorsuch’s concurring opinion in Department of Homeland Security v. New York, questioning the constitutionality of “nationwide injunctions” against the federal government. “Whether framed as injunctions of ‘nationwide,’ universal,’ or ‘cosmic’ scope,” Gorsuch wrote, “these orders share the same […]

Notice & Comment

Can the Supreme Court Adjudicate the CFPB’s Independence Without Determining How Independent the CFPB Actually Is?

In Seila Law v. CFPB, the Supreme Court will consider whether the CFPB Director’s for-cause removal protection—removal only for “inefficiency, neglect of duty, or malfeasance in office”—unconstitutionally detracts from the President’s executive power. But to decide that issue, doesn’t the Court need to first decide what “inefficiency,” “neglect of duty,” or “malfeasance in office” actually […]

Notice & Comment

GSA’s New Year’s Resolution: Modernizing Regulations.gov

On New Year’s Eve, you weren’t the only one making resolutions for the year ahead. GSA published an interesting notice in the Federal Register, seeking comments on how to modernize Regulations.gov. Here are the key lines from GSA’s notice: GSA’s Office of Regulation Management, within OGP, is interested in conducting a dialogue with the public, […]

Notice & Comment

Nondelegation’s Gerrymander Problem

For all of its encouraging moments, the Justice Department’s “Summit on Modernizing the Administrative Procedure Act” was also replete with reminders that the difficulties of modern administrative law are in large part the ramifications of the light-handed Nondelegation Doctrine. When agencies are given enormous power, we reliably reach for auxiliary precautions to encourage steady, accountable […]

Notice & Comment

Doing Justice to APA Modernization

The Justice Department’s recent “Summit on Modernizing the Administrative Procedure Act” proved to be a great step toward the goal of reforming the APA to reflect and respond to modern administrative reality. If you were interested in the event but couldn’t attend, then you can find the videos online: here, here, and here. The text […]

Notice & Comment

Conference in DC: “Technology, Innovation, and Regulation”

On Friday, the Gray Center for the Study of the Administrative State will host a day-long conference on “Technology, Innovation, and Regulation.” It’s an admittedly broad topic. What we have in mind are twin questions: How does regulation affect technological innovation? And how does technological innovation affect regulation? We’ll be focusing on specific issues regarding social […]

Notice & Comment

Event This Week: “The Future of White House Regulatory Oversight and Cost-Benefit Analysis”

We often think of the modern system of White House regulatory oversight, centered around the Office of Information and Regulatory Affairs, as a well-established framework. And of course, the nearly 40-year-old OIRA has become a significant and respected institution. But against the backdrop of our nearly 250-year-old republic, OIRA is still a very young institution. […]

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Event This Week: “The Administrative State Goes to Court: Previewing a Year of Regulatory Litigation in the Supreme Court and Circuits”

With the Supreme Court justices returning to the bench next month, it’s time to look ahead to the coming year’s cases. Last year, the Court ended its term with a trio of cases involving major administrative law issues: Gundy v. United States, Kisor v. Wilkie, and Department of Commerce v. New York. In the year to come, what […]

Notice & Comment

We Are All Administrativists, We Are All Anti-Administrativists

In an era when our politics seems to leave us all deeply divided, the Supreme Court’s end-of-Term flurry of agency-related decisions is a welcome reminder of how much we agree on. The challenge, of course, is that we don’t express our agreements simultaneously. But they’re there. We want courts to create new doctrines of skeptical […]

Notice & Comment

Regulating “Big Tech” and Internet Platforms — A Call for Papers

This week, Senator Hawley made waves by announcing a proposal to require major social media companies to either secure FTC certification that that they are politically unbiased or lose their Section 230 immunity. Days earlier, Wired published a new cover story describing the legal issues surrounding “Backpage,” a controversial web site linked to human trafficking and prostitution. […]

Notice & Comment

“Bureaucracy and Presidential Administration” — A Call for Papers

With the last academic year now behind us, George Mason University’s C. Boyden Gray Center for the Study of the Administrative State is now looking forward to the coming year’s academic programs. And we will start in September with an interesting, challenging, and timely subject: the relationship between federal agencies’ politically appointed leadership and the […]

Notice & Comment

“The Administration of Immigration Law” — A Call for Papers

One of the most active areas of regulation and reform, at the intersection of civil law, criminal law, and national security, is immigration. The administration of immigration law involves state and federal agencies in every major city in the country.  A major priority of the Trump administration, the United States Department of Homeland Security and […]