Notice & Comment

Notice & Comment

Notice & Comment

The Outsourcing of Algorithmic Governance, by David S. Rubenstein

The proliferation of artificial intelligence has raised urgent questions about how the government should regulate and utilize this transformative technology. Two recent White House documents speak directly to these questions. The first is a November 2020 memorandum from the Office of Management and Budget (OMB), which provides formal guidance to federal agencies about “regulatory and […]

Notice & Comment

The “Complete Helplessness” of Matter of A-B- And One More Last Ditch Effort to Torpedo Asylum, by Geoffrey A. Hoffman

The latest decision from Acting Attorney General Rosen in Matter of A-B-, 28 I&N Dec. 199 (A.G. 2021) evidences, in many ways, what has been wrong about asylum adjudication under the current outgoing administration. I want to focus here on one specific strand of that wrongness: the “complete helplessness” standard as an interpretation of the […]

Notice & Comment

How to Get an Attorney Job with the Federal Government

Introduction Employment as a federal-government attorney offers a lot to desire. The government generally does not require the high hours of big law and provides high levels of responsibility. This article summarizes a recent panel at the Section of Administrative Law’s annual conference, where I explained the hiring process for attorney positions with the federal […]

Notice & Comment

Three Ways To Address Midnight Rules, Richard J. Pierce, Jr.

The “midnight rules” phenomenon is well known and well-studied. Every presidential administration issues a disproportionately large number of rules in its final year. Midnight rules issued by the Trump administration present unusual challenges for the Biden administration, however. Virtually all of the hundreds of midnight rules issued by the Trump administration announce and implement policies […]

Notice & Comment

Ninth Circuit Review-Reviewed: What Is Going on with Preliminary Panels in CA9?, by William Yeatman

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to business. Preliminary Panels: Politics by Other Means? In normal times, injunctive relief is an “extraordinary remedy.” Over the last four years, by contrast, such relief became routine in the Ninth Circuit. While […]

Notice & Comment

Three Wrong Turns in Agency Adjudication: The APA at 75

Last week, Chris Walker noted that the George Mason Law Review is hosting a symposium to recognize the Administrative Procedure Act’s 75th anniversary. Like Chris, I’ve also prepared a short essay about agency adjudication. My contribution to the symposium — entitled Three Wrong Turns in Agency Adjudication — explores why agency adjudication is more controversial than […]

Notice & Comment

Gratitude: The Collins v. Mnuchin Edition

Last August, the U.S. Supreme Court appointed me as amicus curiae to brief and argue in defense of the constitutionality of the Federal Housing Finance Agency in Collins v. Mnuchin. I filed my brief in October and argued the case last month. I’m just now catching up. I’ve always dreamed about arguing in the Supreme […]

Notice & Comment

The Administrative Procedure Act at 75

This year the Administrative Procedure Act (APA) celebrates its seventy-fifth anniversary this year, and the George Mason Law Review has organized a terrific symposium on the subject. I’ve posted to SSRN a draft of my contribution to the symposium, entitled The Lost World of the Administrative Procedure Act: A Literature Review (yes, inspired by one […]

Notice & Comment

JOTWELL Administrative Law Section Year in Review, 2020 Edition

As I first noted on the blog six years ago, the Administrative Law Section of JOTWELL—The Journal of Things We Like (Lots)—is a terrific resource for administrative law practitioners and scholars. JOTWELL’s Administrative Law Section publishes monthly a short review of a current piece of administrative law scholarship, usually authored by one of our contributing editors who are all leading […]

Notice & Comment

Examining GAO Decisions on Permissible Government Actions During a Shutdown

President Trump just narrowly avoided a potential, third government shutdown during his presidency. As such, now might be a good time to examine the still ongoing dispute between Congress and President Trump regarding the legality of the Trump administration’s actions during the most recent government shutdown. Specifically, since the most recent shutdown in fiscal year […]