As Chris notes, Dædalus — the Journal of the American Academy of Arts and Sciences — today published a special issue on the future of the administrative state. The issue’s title is The Administrative State in the Twenty-First Century: Deconstruction and/or Reconstruction. I’m grateful they asked me to participate. My essay is entitled Deconstruction (Not Destruction). Many […]
Dædalus, The Journal of the American Academy of Arts and Sciences, just published a fascinating special issue that explores the future of the administrative state. Mark Tushnet organized the issue, and it includes contributions from Bernie Bell, Cary Coglianese, Susan Dudley, Sean Farhang, Jeremy Kessler, David Lewis, Michael Neblo, Aaron Nielson, Beth Simone Noveck, Neomi […]
The ABA Administrative Law Section’s Government Information & Right to Privacy Committee Presents FOIA Challenges in Immigration Wednesday, June 16, 2021, 12:00-1:30 pm ET Participants: Emily Creighton; Legal Director, Transparency; American Immigration Council Claudia Valenzuela; Managing Attorney; Immigration Legal Defense Bradley White; Senior Director of Privacy Policy and Oversight; Department of Homeland Security Abioye Mosheim […]
On this day 75 years ago, the Administrative Procedure Act (APA) was enacted. As Emily Bremer has flagged on the blog, the Administrative Conference of the United States has published a series of blog posts this week to celebrate the APA. And as I noted earlier this week, the George Mason Law Review is hosting […]
On June 17, a powerhouse lineup of former White House and DOJ officials will discuss one of the most pressing issues in presidential administration of late – is the nation’s chief law enforcement, and law interpretation, agency run most soundly if it is subordinate to the Chief Executive or independent? The Federalism & Separation of […]
Yale Law School is pleased to host the sixth annual Administrative Law New Scholarship Roundtable on September 17-18, 2021. We plan to hold this event in person on the Yale campus, assuming that public health conditions allow Yale to begin permitting visitors to campus, which we are optimistic they will. The Roundtable is an opportunity […]
The APA celebrates its 75th birthday on June 11, and ACUS is celebrating with a series of essays running all this week. Head over to the ACUS blog, Administrative Fix, to join the party!* Cribbing from ACUS, the essays will include the following: ACUS General Counsel Shawne McGibbon introduces the series in The APA at 75: The APA-ACUS […]
Back in 2014, I published my first full-length law review article as a member of The Ohio State University law faculty—The Ordinary Remand Rule and the Judicial Toolbox for Agency Dialogue—in the George Washington Law Review. In that article, I looked at some four-hundred published circuit-court opinions that dealt with administrative law’s remand rule in […]
The Supreme Court recently decided CIC Services v. Internal Revenue Service, 593 U.S. __ (2021). Commentators on Notice & Comment and elsewhere have already discussed this decision’s implications for the Anti-Injunction Act and challenges to federal taxes. What has apparently gone unnoticed, however, is what the Court’s decision implies for the Administrative Procedure Act and […]
The Administrative Conference of the United States will hold its 74th Plenary Session on Thursday, June 17th from 9:30 am to 5:00 pm. The event will be held virtually. Up on deck for the Assembly‘s consideration are five proposed recommendations. Information and documents for all five projects are available below. Members of the public can […]
This will be my first in-person conference since February 2020, and I’m excited to celebrate the Administrative Procedure Act at 75 and discuss my contribution to the George Mason Law Review symposium issue, The Lost World of the Administrative Procedure Act: A Literature Review. It’s not too late to register to join us at the […]
In a memorandum dated May 27, 2021, John D. Trasvina, head of the Office of the Principal Legal Advisor (OPLA), the attorney arm of Immigration and Customs Enforcement (ICE), issued guidance to their attorneys regarding the interim enforcement priorities set form by ICE earlier this year. This post includes some highlights of this guidance but […]
Yesterday, the Supreme Court decided Van Buren v. United States — an important case about the Computer Fraud and Abuse Act of 1986. I’ll leave it to others to discuss the decision. I will address, however, a claim that I’ve seen in a number of places, viz., that Van Buren is “the first time [Justice] […]
I am so thrilled to hear that Andrew Hammond‘s article Litigating Welfare Rights: Medicaid, SNAP, and the Legacy of the New Property was selected for the prestigious Cudahy Award this year. Congrats to Andrew (as well as the Northwestern University Law Review editors for publishing the article)! Congrats also to Joseph Daval on winning in […]
The Freedom of Information Act (“FOIA”) provides the public with access to “records” of the Executive Branch. It does not provide for disclosure of “information” in the abstract. Surprisingly, however, the definition of a “record” has never been established, despite the seeming inclusion of such a definition at Section 552(f)(2)(A). And although there is no […]