Notice & Comment

Notice & Comment

Notice & Comment

The APA, Due Process, and the Limits of Textualist Positivism, by Emily S. Bremer

*This is the fifth post in a series on Cass Sunstein and Adrian Vermeule’s new book Law and Leviathan: Redeeming the Adminstrative State. For other posts in this series, click here. In their book, Law and Leviathan, Cass Sunstein and Adrian Vermeule seek to “recover and renew the force” of a collection of natural or […]

Notice & Comment

I’m Still Worried: A Post on Law and Leviathan, by Nicholas Bagley

*This is the fourth post in a series on Cass Sunstein and Adrian Vermeule’s new book Law and Leviathan: Redeeming the Adminstrative State. For other posts in this series, click here. Law and Leviathan is a comforting read. The modern regulatory state, Cass Sunstein and Adrian Vermeule tell us, is not in tension with the […]

Notice & Comment

Authors’ Response, by Adam Cox and Cristina Rodríguez

*This is the eighth post in a series on Adam Cox and Cristina Rodríguez’s book, The President and Immigration Law. For earlier posts in the series, click here. We are enormously grateful to David Rubenstein and Jill Family for organizing such a stellar group of scholars to engage with our new book, The President and […]

Notice & Comment

A Fuller Picture of Internal Morality, by Mila Sohoni

*This is the third post in a series on Cass Sunstein and Adrian Vermeule’s new book Law and Leviathan: Redeeming the Adminstrative State. For other posts in this series, click here. In Law and Leviathan, an expertly written account of contemporary administrative law, Cass Sunstein and Adrian Vermeule show us how to fight a theory […]

Notice & Comment

ACUS is Hiring!

The Administrative Conference of the United States is taking applications for multiple Attorney Advisor positions, with a deadline of April 30. The agency is seeking candidates with a year or more of legal experience. If you’re in a term-limited position such as a clerkship or fellowship, you should still apply! Your application is invited even […]

Notice & Comment

Putting Lon Fuller to Work in the Trenches, by Kevin M. Stack

*This is the second post in a series on Cass Sunstein and Adrian Vermeule’s new book Law and Leviathan: Redeeming the Adminstrative State. For other posts in this series, click here. At the heart of Cass Sunstein and Adrian Vermeule’s insightful and important book, Law and the Leviathan: Redeeming the Administrative State, is a claim […]

Notice & Comment

Law & Leviathan: The Best Defense?, by Ronald M. Levin

*This is the first post in a series on Cass Sunstein and Adrian Vermeule’s new book Law and Leviathan: Redeeming the Adminstrative State. For other posts in this series, click here. In their recent book Law & Leviathan, Cass Sunstein and Adrian Vermeule unveil a novel and provocative approach to legitimating the modern administrative state.  […]

Notice & Comment

Symposium Introduction: Law and Leviathan: Redeeming the Administrative State

Starting today, for the next two weeks, the Notice and Comment blog will run a symposium on Cass Sunstein and Adrian Vermeule’s new book Law and Leviathan: Redeeming the Adminstrative State. (2020: Harvard University Press.) The posts will be available here. The book is a concise and incisive defense of the internal legal morality of […]

Notice & Comment

The President, Immigration, and Criminal Law, by Eisha Jain

*This is the seventh post in a series on Adam Cox and Cristina Rodríguez’s book, The President and Immigration Law. For earlier posts in the series, click here. The President and Immigration Law is a tremendous achievement, and a must-read for anyone interested in immigration law.  It should also be required reading for those seeking […]

Notice & Comment

The Crisis of Legitimacy in Immigration Law, by Daniel Farber

*This is the sixth post in a series on Adam Cox and Cristina Rodríguez’s book, The President and Immigration Law. For earlier posts in the series, click here. Here are the basic facts on the ground: Roughly eleven million people are living in the U.S. without legal permission, half of them having been here for […]

Notice & Comment

How to Curb Executive Power to Exclude Immigrants, by Ilya Somin

*This is the fifth post in a series on Adam Cox and Cristina Rodríguez’s book, The President and Immigration Law. For earlier posts in the series, click here. Adam Cox and Cristina Rodríguez have written what is likely to become the definitive work on presidential power over immigration. As they describe, the executive branch has […]