Notice & Comment

Author: Adam White

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. […]

Notice & Comment

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 […]

Notice & Comment

“Technology, Innovation, and Regulation” — A Call for Papers

In an era of astonishing technological innovation, how should we think about modernizing regulation? For all of their disagreements, Presidents Barack Obama and Donald Trump both recognized the risk that incumbent regulatory programs might unintentionally burden or brake valuable technological innovation. In Executive Order 13563, President Obama paid special attention to the need to “promote […]

Notice & Comment

Law’s Attrition, Virtue’s Abnegation

In September, I was one of several scholars invited to give some short remarks on Adrian Vermeule’s controversial and challenging book, Law’s Abnegation, at the Villanova Law School. After I posted my remarks to a personal web site, Professor Chris Walker very kindly invited me to cross-post them here.  ***** Law’s Attrition, Virtue’s Abnegation By […]

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President George H.W. Bush on Civil Service and Civil Society

Amid this week’s many tributes to the late President Bush, readers of Notice & Comment may be particularly interested in the speech that he gave to members of the Senior Executive Service on January 26, 1989 — that is, on just the seventh day of his presidency. It is a stirring call to government service, celebrating […]

Notice & Comment

Re-Imagining OIRA: A Call for Papers on the Future of Regulatory Budgets, Cost-Benefit Analysis, and White House Regulatory Oversight

A CALL FOR PAPERS As the White House’s Office of Information and Regulatory Affairs nears its fortieth birthday, we tend to spend a lot of time thinking about its history. But in a constitutional government that is nearly 230 years old, OIRA is actually very, very young—less a monument than an experiment. Instead of thinking […]

Notice & Comment

At the CFPB, Cordray Creates One Last Cloud of Controversy

History doesn’t repeat, but it often rhymes. And so the circumstances of Richard Cordray’s departure from the Consumer Financial Protection Bureau seem fitting. Nearly six years ago, Cordray arrived at the CFPB as one of purported “recess” appointments that President Obama ventured despite the fact that the Senate was not actually in recess, a maneuver that […]