This will be a quick post; I’m traveling today. A couple of days ago, USA Today ran an op-ed urging President Trump to award Judge James Buckley the Presidential Medal of Freedom. That op-ed reminded me of a post I wrote in 2018.* Judge Buckley has lived an extraordinary life and certainly merits recognition. Notably, […]
Cambridge University Press has just published a fascinating new volume of essays about International Law and the Cold War, edited by Matthew Craven, Sundhya Pahuja, and Gerry Simpson. This volume covers a broad array of topics, including the crucial question of how Cold War politics affected or inspired new legal instruments. Tensions between ‘East’ and […]
Several states and municipalities, including the City of Philadelphia, have adopted laws prohibiting employers from asking prospective employees for their wage and salary history.[1] Such statutes and ordinances are designed to attack persistent wage disparities between White and non-White as well as male and female employees. The Greater Philadelphia Chamber of Commerce challenged the Philadelphia’s […]
This Friday, February 21st, the Hastings Law Journal will be hosting an administrative law symposium, and a number of our regular bloggers will be participating. You can register for the conference here. Here are the details from the Journal: Join Hastings Law Journal for our annual symposium at UC Hastings College of the Law. This year, we […]
This has been a momentous week in the D.C. Circuit. Chief Judge Garland is now Judge Garland again, and Judge Srinivasan is now Chief Judge Srinivasan.* Here is the press release: This news reminded me of something: I owe Chief Judge Srinivasan a belated thank you. I was a law firm associate in 2011. One […]
Last Term I covered PDR Network, LLC v. Carlton & Harris Chiropractic Inc. for SCOTUSblog. The question presented in PDR Network was whether the Hobbs Act strips district courts of jurisdiction to reconsider the validity of an agency’s legal interpretation of certain statutes. As I explained in my opinion analysis post, the Court ultimately dodged […]
2020 ABA AdLaw Section Awards “Award Season” is just getting started! Nominate a colleague, or submit your work for one of the ABA AdLaw Section’s annual awards. Click the link on each award for details, submission requirements, and more: Mary C. Lawton Award for Outstanding Government Service – Due June 1, 2020Created in […]
The Administrative Conference’s forum on nationwide injunctions certainly is well-timed. Just days ago, the Court published Justice Gorsuch’s concurring opinion in Department of Homeland Security v. New York, questioning the constitutionality of “nationwide injunctions” against the federal government. “Whether framed as injunctions of ‘nationwide,’ universal,’ or ‘cosmic’ scope,” Gorsuch wrote, “these orders share the same […]
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. Big Doctrinal Leap on “Competitor’s Standing” Continuing with Aaron’s theme from last Friday, this month’s lead story addresses the doctrinal leap taken by the Ninth Circuit […]
Admittedly, prior to reading The President’s Budget as a Source of Agency Policy, I thought of budgetary control of an agency as a congressional tool via the appropriations process. In this article, however, Professor Eloise Pasachoff illuminates the Executive Branch’s role through Research Management Offices (RMOs), a little-studied component of the Office of Management and […]
Kent Barnett, Emily Bremer, and I are thrilled to have organized the Duke Law Journal‘s fiftieth annual administrative law symposium, entitled Charting the New Landscape of Administrative Adjudication. The live symposium takes place this Friday, February 14, 2020 (Valentine’s Day!), so if you’re in the area definitely come join us. I’ll post links to the […]
A year ago I wrote a post called Standing. In that post, I suggested that “the law professors suing President Trump about the Emoluments Clause ‘pretty clearly lack Article III standing.’” Well, today, we learned for a fact that the members of Congress who sued President Trump about the Emoluments Clause lack standing. Here is how the […]
I’ve always loved using ICF’s Reg Map in class with my students, and I can imagine it’s helpful in the real world to introduce new lawyers (and legal interns) at federal agencies, on the Hill, etc., to the federal notice-and-comment rulemaking process. The same is no doubt true for clients who are about to navigate […]
In Lucia v. SEC, 138 S. Ct. 2044 (2018), the Court held that Administrative Law Judges (ALJs) at the SEC are inferior officers rather than employees. That holding probably means that all 2000 ALJs and many thousand administrative judges (AJs) are inferior officers. In Edmond v. U.S., 520 U.S. 651 (1997), the Court held that […]
Here is the January 2020 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. Perhaps unsurprisingly, it looks like scholarship on AI or the nondelegation make up half the list. Here’s the top ten: AI in Adjudication and Administration: […]