Notice & Comment

Notice & Comment

Notice & Comment

Congressional Subpoenas in Court

I’ve posted my forthcoming article, Congressional Subpoenas in Court, 98 N.C. L. Rev — (2020), on SSRN. Comments are welcome, and the abstract is here: The ongoing political battles between President Trump and House Democrats have sparked substantial debates over the legislature’s authority to oversee the executive branch. The House has not been discouraged by […]

Notice & Comment

Why Join the ABA Administrative Law & Regulatory Practice Section, by Linda Jellum

Does your law practice or professional focus have any connection with the activities, policies, or regulations from federal or state regulatory agencies? If yes, then consider joining the ABA Section of Administrative Law and Regulatory Practice. Why? Our section members include leading administrative law professors; Supreme Court Justices; district and circuit court judges; state court […]

Notice & Comment

Ninth Circuit Review-Reviewed: Major Moves Afoot on APA § 704?, 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 last month’s cases. The Supreme Court’s Evolving Doctrine on “Jurisdictional Rules” Has Huge Implications for the APA Given that Article III courts have a duty to police their own […]

Notice & Comment

ACS Writing Competition on Administrative Law, by Debra Perlin

The American Constitution Society for Law and Policy is currently accepting submissions for its thirteenth annual Richard D. Cudahy Writing Competition on Regulatory and Administrative Law, honoring the late Judge Cudahy’s contribution to the field. The competition is open to all lawyers and law students and seeks submissions related to American regulatory or administrative law, […]

Notice & Comment

No Nondelegation at the Founding? Not so fast, by Ilan Wurman

Julian Mortenson and Nicholas Bagley have posted a provocative and thoughtful new paper making the claim that there was no nondelegation doctrine of any kind at the founding. These two authors are careful as usual, and in several places they raise concerns and arguments that may require modifications to existing originalist claims about nondelegation. But […]

Notice & Comment

ABA Urges Justice Department to Issue Guidance on Federal Government Lawyer Participation in Bar Associations

Per the ABA website: On December 20, 2019, the ABA sent a letter to Deputy Attorney General Jeffrey Rosen urging the Justice Department to issue new government-wide guidance—based on the ABA’s Proposed Guidance—allowing government lawyers to participate more fully in the ABA and other legal professional associations. The proposed guidance is needed to correct the […]

Notice & Comment

GSA’s New Year’s Resolution: Modernizing Regulations.gov

On New Year’s Eve, you weren’t the only one making resolutions for the year ahead. GSA published an interesting notice in the Federal Register, seeking comments on how to modernize Regulations.gov. Here are the key lines from GSA’s notice: GSA’s Office of Regulation Management, within OGP, is interested in conducting a dialogue with the public, […]

Notice & Comment

Regulatory Reform and Political Vetoes, by Todd Phillips

Medicare and Medicaid were enacted in 1965, and for more than four decades, advocates fought for universal health insurance largely without success. Then, in 2009, the first major priority of the Democratic-controlled House, 59-vote Democratic majority Senate, and Democratic President was to enact the Affordable Care Act, bringing health insurance to millions. These politicians passed […]