Notice & Comment

Notice & Comment

Notice & Comment

Announcing the 2022 Gellhorn-Sargentich Law Student Essay Award Competition

The ABA Administrative Law Section is now soliciting submissions for the 2022 Gellhorn-Sargentich Law Student Essay Award. The Section welcomes submissions discussing any topic in administrative law. All entries must be emailed by 7:00 pm ET on June 30, 2022. Entrants must submit two files to Section Director Anne Kiefer via email to anne.kiefer@americanbar.org. The […]

Notice & Comment

Taken for Granted? SEC Implied For-Cause Removal Protection and Its Implications, by Jameson M. Payne

The Fifth Circuit’s [WG1] recent decision in Jarkesy v. SEC has breathed new life into the debate over the propriety of double for-cause tenure. And whereas there is no shortage of thoughtful commentary about the constitutional validity of tenure protections—including from contributors on this blog—far less has been said about an equally important step of the […]

Notice & Comment

Administrative Law Job Openings: General Attorney Positions at HHS Centers for Medicare & Medicaid Services Division Program Review Group

Sharing this job announcement (below). I’m always happy to post job openings in administrative law here on the blog, so please don’t hesitate to reach out. The Office of the General Counsel (OGC) at the U.S. Department of Health and Human Services (HHS) is currently seeking applications for General Attorney positions in its Centers for […]

Notice & Comment

Inter-Cooperative Exchange v. Department of Commerce: Searching Government Employees’ Personal Cell Phones

In Inter-Cooperative Exchange v. Department of Commerce, — F.4th —, 2022 WL 2036299 (June 7, 2022), a Ninth-Circuit panel split over the proper approach to searching a government employee’s personal cell phone for records responsive to a FOIA request.  As the majority irreverently described the suit: “In this case, crab fishers pull their nets from […]

Notice & Comment

Seventh Annual Administrative Law New Scholarship Roundtable

The University of Minnesota Law School is delighted to host the Seventh Annual Administrative Law New Scholarship Roundtable this week, on June 22 and 23, here in Minneapolis. This rotating workshop has come to play a significant role in supporting administrative law scholarship and a sense of community among administrative law scholars. The works-in-progress that […]

Notice & Comment

Are Non-Profit Organizations’ Records Requests Ruining FOIA?

“Court dockets in this district overflow with Freedom of Information Act (FOIA) matters.  Many of those cases seek reams of records, requiring massive efforts from defendant agencies. . . . This is the system Congress hath wrought. And which this Court must dutifully implement.” American Center for Law and Justice v. DHS, Dkt. No. 21-1364 […]

Notice & Comment

FTC Competition Rulemaking Is Unlawful, by Randolph J. May and Andrew Magloughlin

At the Free State Foundation’s Fourteenth Annual Policy Conference on May 6, FTC Commissioner Noah Phillips predicted that FTC Chair Lina Khan’s likely plans to issue substantive rules for “unfair methods of competition” will be “illegal and unconstitutional,” and Commissioner Christine Wilson concurred. Specifically, while addressing the D.C. Circuit‘s untested Petroleum Refiners Association v. FTC […]

Notice & Comment

Deferring to Municipal Ordinances: A Wisconsin Case Study

Everyone knows Chevron and Auer deference, where federal courts defer to reasonable agency interpretations of ambiguous statutes and rules. State courts, too, often similarly defer. The arguments for and against these deference doctrines are well known. Much lesser known is how state (and even federal) courts regularly defer to municipalities’ interpretations of their own ordinances. […]

Notice & Comment

What American Hospital Association v. Becerra Means for the Future of Chevron Deference: Probably Not Much

Today the Supreme Court issued a unanimous decision in American Hospital Association v. Becerra, ruling against the federal government. The case involves a complicated area of the Medicare reimbursement statutory scheme, and the Court held that the Department of Health and Human Services (HHS) does not have discretion under the statute to adjust reimbursement rates […]

Notice & Comment

Marino v. NOAA: Standing, Agency Inaction, and Secret Unreviewable Law

In Marino v. National Oceanic and Atmospheric Administration, 33 F.4th 593 (2022), the D.C. Circuit denied plaintiffs’ standing to challenge the National Oceanic and Atmospheric Administration’s (NOAA) decision that it lacked enforcement authority.  In particular, NOAA had disclaimed authority to enforce provisions of “special exception permits” that required SeaWorld to perform necropsies on its orca […]

Notice & Comment

The American Innovation and Choice Online Act is an “Economics-Free Zone”, by Dr. George S. Ford

Americans love to shop online. The combination of a wide array of products, fast shipping, low prices, and convenience are increasingly shifting retail sales to the Internet. Shopping online proved invaluable during the COVID Pandemic when consumers were shut-in for months. Thousands of new online-only retailers have emerged, increasing the array of product choices for Americans.  One difficulty […]