Notice & Comment

Notice & Comment

Notice & Comment

Call for Applications for the ABA Administrative Law Fellowship for Prospective Legal Academics

The American Bar Association’s Section of Administrative Law and Regulatory Practice (the Section) is pleased to invite applications for its ABA Administrative Law Fellowship.  The fellowship, established in 2021, aims to diversify the cohort of legal academics in administrative law and regulatory practice by positioning lawyers currently in practice to be successful job candidates in […]

Notice & Comment

Mexican Gulf Fishing v. Department of Commerce: Part II

The National Marine Fisheries Service (“NMFS”) published a rule requiring owner and operators of for-hire vessel operating in the Gulf of Mexico to (1) install GPS devices that constantly archived the vessel’s locations, and (2) allow federal fisheries enforcement personnel access to the information.  A group of charter boat captains and owners challenged the regulation, […]

Notice & Comment

Mexican Gulf Fishing v. Department of Commerce: Part I

On July 21, 2020, the National Marine Fisheries Service (“NMFS”) published a rule requiring owners and operators of for-hire vessel operating in the Gulf of Mexico to submit electronic fishing reports upon their return to port “prior to removing any fish from the vessel” (or within 30 minutes if no fish had been retained). Even […]

Notice & Comment

Announcing the 2022 Gellhorn-Sargentich Law Student Essay Award Competition

The ABA Administrative Law Section is now soliciting submissions for the 2022 Gellhorn-Sargentich Law Student Essay Award. The Section welcomes submissions discussing any topic in administrative law. All entries must be emailed by 7:00 pm ET on June 30, 2022. Entrants must submit two files to Section Director Anne Kiefer via email to anne.kiefer@americanbar.org. The […]

Notice & Comment

Taken for Granted? SEC Implied For-Cause Removal Protection and Its Implications, by Jameson M. Payne

The Fifth Circuit’s [WG1] recent decision in Jarkesy v. SEC has breathed new life into the debate over the propriety of double for-cause tenure. And whereas there is no shortage of thoughtful commentary about the constitutional validity of tenure protections—including from contributors on this blog—far less has been said about an equally important step of the […]

Notice & Comment

Administrative Law Job Openings: General Attorney Positions at HHS Centers for Medicare & Medicaid Services Division Program Review Group

Sharing this job announcement (below). I’m always happy to post job openings in administrative law here on the blog, so please don’t hesitate to reach out. The Office of the General Counsel (OGC) at the U.S. Department of Health and Human Services (HHS) is currently seeking applications for General Attorney positions in its Centers for […]

Notice & Comment

Inter-Cooperative Exchange v. Department of Commerce: Searching Government Employees’ Personal Cell Phones

In Inter-Cooperative Exchange v. Department of Commerce, — F.4th —, 2022 WL 2036299 (June 7, 2022), a Ninth-Circuit panel split over the proper approach to searching a government employee’s personal cell phone for records responsive to a FOIA request.  As the majority irreverently described the suit: “In this case, crab fishers pull their nets from […]

Notice & Comment

Seventh Annual Administrative Law New Scholarship Roundtable

The University of Minnesota Law School is delighted to host the Seventh Annual Administrative Law New Scholarship Roundtable this week, on June 22 and 23, here in Minneapolis. This rotating workshop has come to play a significant role in supporting administrative law scholarship and a sense of community among administrative law scholars. The works-in-progress that […]

Notice & Comment

Are Non-Profit Organizations’ Records Requests Ruining FOIA?

“Court dockets in this district overflow with Freedom of Information Act (FOIA) matters.  Many of those cases seek reams of records, requiring massive efforts from defendant agencies. . . . This is the system Congress hath wrought. And which this Court must dutifully implement.” American Center for Law and Justice v. DHS, Dkt. No. 21-1364 […]

Notice & Comment

FTC Competition Rulemaking Is Unlawful, by Randolph J. May and Andrew Magloughlin

At the Free State Foundation’s Fourteenth Annual Policy Conference on May 6, FTC Commissioner Noah Phillips predicted that FTC Chair Lina Khan’s likely plans to issue substantive rules for “unfair methods of competition” will be “illegal and unconstitutional,” and Commissioner Christine Wilson concurred. Specifically, while addressing the D.C. Circuit‘s untested Petroleum Refiners Association v. FTC […]

Notice & Comment

Deferring to Municipal Ordinances: A Wisconsin Case Study, by Joseph S. Diedrich

Everyone knows Chevron and Auer deference, where federal courts defer to reasonable agency interpretations of ambiguous statutes and rules. State courts, too, often similarly defer. The arguments for and against these deference doctrines are well known. Much lesser known is how state (and even federal) courts regularly defer to municipalities’ interpretations of their own ordinances. […]