This has been a busy week in the legal world — but not in the D.C. Circuit’s corner of it.* The Court issued just two decisions, neither of which, frankly, is likely to make much of a splash in the media. In Holland v. Arch Coal, Inc., Judge Ginsburg (joined by Judges Tatel and Srinivasan) […]
Here is the December 2019 Edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law eJournal, which is edited by Bill Funk: AI in Adjudication and Administration: A Status Report on Governmental Use of Algorithmic Tools in the United States by Cary Coglianese & Lavi Ben Dor […]
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 […]
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 […]
I try to keep my opinions to myself about D.C. Circuit’s decisions, at least for purposes of D.C. Circuit Review – Reviewed. “When it comes to these posts, I see my role as a reporter, not a critic.“* I do this for a couple of reasons. First, without doing a lot more work, it often […]
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 […]
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, […]
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 […]
We have one opinion this week — and it is the last opinion of the decade.* That by itself makes it unusual. Beyond that though, this opinion may prove to be unusually significant for labor law. And Judge Millett has been waiting for just such an opinion since 2016. Not a bad way to end […]
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 […]
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, […]
From the program organizers Kent Barnett, Jarrod Shobe, and Evan Zoldan: If you are attending AALS this year in Washington, D.C., please join our New Voices in Administrative Law and Legislation program on Friday, January 3 at 3:30 to 5:15 in the Roosevelt 5 Room at the Marriott Wardman Park. Twelve of our colleagues will […]
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 […]
With the transition to the new blog platform, it appears that my October 2019 edition of the AdLaw SSRN reading list has disappeared. So I’m combining both the October and November lists in this post (with the year-end December post to come shortly after the new year). Here is the October 2019 Edition of the […]
My extended family enjoys large holiday meals. When lots of individual families bring food, the multi-family table fills up quickly. On Christmas Eve, for instance, we had both a turkey and a ham — and potatoes, stuffing, rolls, and pie(s). Then on Christmas, we rendezvoused again for two kinds of enchiladas, Spanish rice, watermelon,* crunchy […]