Notice & Comment

Notice & Comment

Notice & Comment

University of Michigan Journal of Law Reform’s Future of Agency Independence Symposium, 11/8

This coming Friday, November 8th, the University of Michigan Journal of Law Reform has organized a terrific day-long symposium on the future of agency independence. I’ve attached the schedule with speaker lineup. The student editors have been hard at work planning this gathering, and I’m so excited for the series of conversations we will have […]

Notice & Comment

An Expanding “Exchange” Regulatory Construct? The Marketplace Awaits Key SEC Decisions

One of the more significant rulemaking initiatives under Chair Gensler’s SEC that has not yet been finalized is a proposal to expand the universe of what constitutes an “exchange” for regulatory categorization purposes.    This rulemaking has broader relevance than may at first be apparent to market participants, as its implications extend beyond the world […]

Notice & Comment

Ad Law Reading Room: “The Beleaguered Sovereign: Judicial Restraints on Public Enforcement,” by Luke P. Norris and Helen Hershkoff

Today’s Ad Law Reading Room entry is “The Beleaguered Sovereign: Judicial Restraints on Public Enforcement,” by Luke P. Norris and Helen Hershkoff, which is forthcoming in the Texas Law Review. Here is the abstract: Looking back at the federal courts over the last generation, commentators will likely focus on their role in undermining the functioning […]

Notice & Comment

D.C. Circuit Review – Reviewed: No Admin Law Opinions, But A High-Profile Statutory Interpretation Question

The D.C. Circuit published one opinion last week, which did not deal with administrative law. It did, however, deal with a high-profile issue: criminal prosecutions stemming from January 6. United States v. Griffin posed the question, what does it mean for a person to “‘knowingly enter[]’ the restricted safety zone [around the Vice President]” within […]

Notice & Comment

The Committee on Foreign Investment in the United States and the Interstate-Commerce Limitation: The Key Jurisdictional Limitation Binding CFIUS, by Steven A. Levy

As the presidential election approaches, the Committee on Foreign Investment in the United States (“CFIUS”) has increasingly come into the public spotlight. CFIUS, an interagency committee chaired by the Secretary of the Treasury, reviews the potential national security risks of certain foreign investments. At CFIUS’ recommendation, the President may suspend, prohibit, or unwind transactions that threaten […]

Notice & Comment

Election Administration is Public Administration

In my first post of this series, I noted that, despite our common goals in seeking to understand the dynamics of administrative policymaking, those who devote their professional lives to administrative statecraft often place themselves in intellectual silos.   With almost one week until Election Day and voting already underway, I cannot help but think of election administration […]

Notice & Comment

Reviving the Commerce Clause, One Home-Distilled Spirit at a Time, by Eli Nachmany

The Northern District of Texas just declared two federal statutes unconstitutional—in part on Commerce Clause grounds. The government has appealed to the Fifth Circuit. And if the case proceeds to decision on appeal, the Fifth Circuit will have an opportunity to issue one of the most consequential appellate decisions in the modern era on the reach of […]

Notice & Comment

Announcing the Winner of the ABA Administrative Law and Regulatory Practice Section’s 2024 Annual Scholarship Award, by Linda Jellum

Please join me in congratulating Professors Neal Devins and David E. Lewis for winning the ABA Administrative Law and Regulatory Practice Section’s 2024 Annual Scholarship Award, which recognizes the best scholarly work published in the field of administrative law during 2023. Our selection process was rigorous. The committee examined numerous articles and books published during […]

Notice & Comment

D.C. Circuit Review – Reviewed: A Slow Week

The D.C. Circuit issued only one opinion this week, and it wasn’t about admin law. (It’s about the exceptions to the “three strikes” rule under the Prison Litigation Reform Act, which bars prisoners from proceeding in forma pauperis if they have filed three frivolous lawsuits). So there isn’t much to report! The Court did hear […]

Notice & Comment

Humphrey’s Executor and the Right to a Constitutional Proceeding

It’s no understatement to say that the Roberts Court, in only the last decade or so, has rewritten the textbooks on administrative law. And more seismic changes could be on the way. Since the long conference, the Supreme Court has twice relisted Consumers’ Research v. Consumer Product Safety Commission, a potential blockbuster that could overturn […]