Here is the list of works included in the August 2026 Comparative Administrative Law Scholarship Corner, which is curated by Eduardo Jordão (FGV Law School, Rio de Janeiro), with the assistance of Eduarda Onzi. The Scholarship Corner is a resource provided through the Comparative Administrative Law listserv. For more information about this terrific resource, check out my first […]
Meditations on our post-Slaughter world continue to populate the field’s SSRN feed, and today’s Ad Law Reading Room brings you a double header. The first entry is “‘Because The President Said So’: Agency Reason Giving and Presidential Statements of Will,” by Nina A. Mendelson, which is forthcoming in the University of Pennsylvania Law Review. Here […]
Here is the list of works included in the June and July 2026 editions of the Comparative Administrative Law Scholarship Corner, which is curated by Eduardo Jordão (FGV Law School, Rio de Janeiro), with the assistance of Eduarda Onzi. The Scholarship Corner is a resource provided through the Comparative Administrative Law listserv. June 2026: July 2026: For more […]
I’ve posted to SSRN a draft of a new essay, Delegation and Independent Judgment, which is my contribution to a terrific Notre Dame Law Review symposium on Congress and the administrative state. In this essay, I revisit Jonathan Adler and my 2020 article Delegation and Time, reflecting on the implications of Loper Bright independent judgment […]
What defines the Trump presidency’s approach to administration? The main themes are no doubt the turbocharged unitary executive branch, concentration of policy control in the presidency, evasion of procedural constraints on regulatory change, and clawing away of congressional spending control. I think there is another, subtler theme as well, though. In a new essay on Attempted […]
“If even an extremely simple arrangement like the three-body system is unpredictable chaos, how can we have any faith in discovering the laws of the universe?” – Liu Cixin The textbook description of federal administrative law goes as follows: This is the broadest, simplest description of how a binding policy decision goes from legislative consideration […]
Recent Rulemakings Reviewed is a monthly quantitative snapshot of federal regulatory activity, drawn from FRTracker—a platform that ingests Federal Register documents and decomposes binding rules into structured “obligations.” An “obligation” in this dataset is a single regulated duty extracted from a rule’s text, comprised of: an actor (e.g., operator, employer, importer), a deontic modal (must, shall, may not), and an action. Each issue of […]
I’ve written before about the D. C. Circuit practice that a judge who has failed to circulate to the panel more than two of his assigned opinions from the term by August 15 may not hear cases in the new term that begins in September until they have been circulated. For that reason, typically there […]
Surrender, surrender, but don’t give yourself away” –Cheap Trick (1978) “I’ve got a blank space baby / And I’ll write your name“ Thomas Berry recently flagged the Federal Vacancies Reform Act‘s front-end problem: eligibility so broad that “more than 350 federal officials [can] fill any vacant office, regardless of qualifications.” That’s a sufficient condition to […]
An audited self-regulation framework has been relied on to govern highly complex, evolving industries, such as securities. The concept is now attracting interest from those exploring how to govern frontier AI models. Notably, AI developers—including Google, OpenAI, and Anthropic—are among those interested in this route. Their policy recommendations include variants of a self-regulatory approach with […]
The D.C. Circuit’s sole administrative law decision last week was a big one: not only because of its high profile (headlines abound), and not only because of its length (136 pages!), but also (most pertinent for this blog) because of the range of administrative law issues it covers. In National Trust for Historic Preservation v. […]
Environmental, social, and governance (ESG) is an umbrella term for a loose family of considerations bearing on corporate conduct, investment decisions, and financial risk. But no uniform body of ESG law corresponds to the label. Instead, the regulatory environment surrounding ESG is fragmented across distinct statutory and regulatory regimes. Such fragmentation has become harder to […]
This post is part of Notice & Comment’s symposium on psychedelics and the law. For other posts in the series, click here. On April 18, 2026, President Trump issued Executive Order 14401, “Accelerating Medical Treatments for Serious Mental Illness,” with the purpose of “increase[ing] access to psychedelic drugs that could save lives and reverse the crisis of […]
This post is part of Notice & Comment’s symposium on psychedelics and the law. For other posts in the series, click here. The expansion of psychedelic medicine has brought neuropsychiatry and pharmaceutical law to a structural, methodological, and institutional crossroads. Federal law requires “substantial evidence of efficacy” (FDA Act §505(d)) and regulations (21 CFR 314.126) mandate that […]
This post is part of Notice & Comment’s symposium on psychedelics and the law. For other posts in the series, click here. Imagine two competent adult patients, each of whom is living with treatment-resistant major depressive disorder (MDD) and struggling with suicidal ideation. Patient A asks her doctor about Pretendazine®, an (imaginary) injectable drug FDA-approved exclusively for […]