This is is the third post in a series on Andrew Rudalevige’s new book, By Executive Order: Bureaucratic Management and the Limits of Presidential Power. For other posts in the series, click here. Perhaps because they bear the president’s signature and don’t require ratification, executive orders are considered to be entirely within the president’s control. But early […]
This is is the second post in a series on Andrew Rudalevige’s new book, By Executive Order: Bureaucratic Management and the Limits of Presidential Power. For other posts in the series, click here. Andrew Rudalevige’s By Executive Order: Bureaucratic Management and the Limits of Presidential Power is an important contribution to our understanding of modern policymaking. In […]
This is is the first post in a series on Andrew Rudalevige’s new book, By Executive Order: Bureaucratic Management and the Limits of Presidential Power. For other posts in the series, click here. Andrew Rudalevige’s new book, By Executive Order: Bureaucratic Management and the Limits of Presidential Power, significantly advances our conceptual, theoretical, and empirical understanding of […]
Welcome to our second symposium of the month!* We close out October with a series of essays reacting to Prof. Andrew Rudalevige‘s By Executive Order: Bureaucratic Management and the Limits of Presidential Power (Princeton University Press 2021). If we know anything about executive orders, it’s that they’re actions that the president takes alone. But who […]
Judge Douglas Ginsburg is a formidable jurist. When he speaks, we’d all do well to listen. A few weeks ago, I heard Judge Ginsburg give a presentation to lawyers. He was asked what lawyers can do to improve their advocacy. His response surprised me. Mentioning Edward Tufte’s The Visual Display of Quantitative Information by name, […]
It’s my pleasure to share that the U.S. Office of Management and Budget has created a Law Fellowship Program, under which law professors and attorneys employed by institutions of higher education; attorneys employed by State, local, or tribal governments; or attorneys employed by other qualifying institutions under 5 C.F.R. § 334.102 can rotate into OMB […]
We don’t often think of administrative law as a warden, but we should. Administrative law plays a crucial role in the detention of immigrants and in prison policy generally. The Administrative Law Review is hosting a virtual symposium on October 29, 2021 that will explore important questions about the role of administrative law in detention […]
The annual ABA Administrative Law Conference is my favorite conference each year, and this year’s lineup is once again excellent. Unfortunately, we will be fully online/virtual again, but the upside is that it will be more accessible to those nationwide and the online platform allows you to watch the panels you couldn’t catch live for […]
ACUS has recently begun committee meetings on a slate of new recommendation projects targeted for completion at the 76th Plenary Session, scheduled for December 16, 2021. Descriptions and basic information about the projects (pulled from ACUS) appear below. Further information, including draft documents, are (or will become) available via the included links. Public Access to […]
This is is the sixteenth post in a series on Michael Livermore and Richard Revesz’s new book, Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health. For other posts in the series, click here. In their incisive book Reviving Rationality, Michael Livermore and Richard Revesz document the bipartisan consensus across Presidents of […]
Welcome back to another edition of Fifth Circuit Review—Reviewed! I have several noteworthy cases to report on, including the Fifth Circuit’s first full-blown application of the five-part test from Kisor v. Wilkie, 139 S. Ct. 2400 (2019). Let’s dig in. Auer Deference Alive and Well in Fifth Circuit Post-Kisor Johnson v. BOKF National Association, No. […]
This is is the fifteenth post in a series on Michael Livermore and Richard Revesz’s new book, Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health. For other posts in the series, click here. About a decade ago, as a result of some unexpectedly icy roads between Illinois and Tennessee, my spouse […]
I’m thrilled to close out the first cycle of posts for the refreshed D.C. Circuit Review – Reviewed. I consider myself the clear novice of the group, and look forward to reading and learning more throughout the term. Fortunately, the court is easing me into my role, issuing only one decision this week. Breiterman v. […]
This is is the fourteenth post in a series on Michael Livermore and Richard Revesz’s new book, Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health. For other posts in the series, click here. In their terrific new book, Reviving Rationality, Mike Livermore and Ricky Revesz describe the emergence of a bipartisan […]
*This is the thirteenth post in a series on Michael Livermore and Richard Revesz’s new book, Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health. For other posts in the series, click here. Does the executive branch have an obligation to abide by past practices when it comes to cost-benefit analysis (CBA)? […]