Notice & Comment

Notice & Comment

Notice & Comment

Why the D.C. Circuit Likely Was Incorrect in Holding that the House of Representatives Has Standing to Challenge President Trump Building the Wall

The D.C. Circuit issued an opinion today in U.S. House of Representatives v. Mnuchin. The opinion holds that the House of Representatives has standing to bring a lawsuit against the Trump administration to prevent President Trump from building a wall along the border with Mexico. Although I have previously said that I believe the House […]

Notice & Comment

ABA AdLaw Section Webinar 10/2: COVID-19 and Comparative Administrative Law

Regulatory Policy Committee Presents COVID-19 and Comparative Administrative Law: Assessing National Responses to the Pandemic Friday October 2, 2020 12 pm – 1:30 pm Eastern Time Via Zoom Panelists: Richard Parker, Professor of Law, Policy Director, Center for Energy and Environmental Law, University of Connecticut Cristie L. Ford, Professor of Law, Associate Dean for Research […]

Notice & Comment

ABA AdLaw Section Webinar, 9/30: Latest Developments at the Merit Systems Protection Board

Government Personnel Committee Presents Latest Developments at the Merit Systems Protection Board Wednesday September 30, 2020 12 pm – 1:30 pm Eastern Time Via Zoom Please join us for a discussion about the latest developments at the Merit Systems Protection Board, including changes in statutes and regulations and a review of significant cases decided in […]

Notice & Comment

Examination of a Potential Talking Filibuster Rule in the Senate

Recently, I wrote an article on (i) why the vote and time requirements to overcome a filibuster are such effective tools for the minority to oppose legislation and (ii) potential procedural options on how to eliminate the filibuster. Subsequent news reports have indicated that if Democrats were to win the Senate in the 2020 elections, […]

Notice & Comment

Parrillo on the Historical Evidence of Delegation from the 1790s (Federal Real Estate Tax Edition)

Here at the blog I’ve been tracking the fascinating academic debate about the originalist case for the nondelegation doctrine, including the Mortenson-Bagley-Wurman exchange. Christine Kexel Chabot has also blogged about her new article The Lost History of Delegation at the Founding. I wanted to flag another contribution to this debate, this one by Nick Parrillo […]

Notice & Comment

Chevron Is Not Inconsistent with the APA, by Cass R. Sunstein

Section 706 of the APA states that “court[s] shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action.” Is Chevron v. NRDC, 467 U.S. 836 (1984), inconsistent with the text of the Administrative Procedure Act, as originally understood? I used […]

Notice & Comment

Seeing Race in Administrative Law: An Interdisciplinary Perspective, by Joy Milligan and Karen Tani

The administrative state has often been an engine of racial inequality. It is true that federal agencies have played key roles in implementing civil rights legislation and have sometimes attempted to dismantle entrenched racial disparities. But long before the enactment of modern civil rights laws—and extending long afterward—administrative agencies have helped mark people as racially […]

Notice & Comment

ABA AdLaw Section Seeking to Hire a Program Specialist

The American Bar Association Section of Administrative Law and Regulatory Practice is seeking to hire a program specialist—a second administrator to help Section Director Anne Kiefer administer the programming of the Section. We are a great group of administrative lawyers and scholars, and Anne is terrific to work with. For more on the Section and […]