Notice & Comment

Notice & Comment

Notice & Comment

Ninth Circuit Review—Reviewed: A “Hardening Look” Review for the IRS, by William Yeatman

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. Altera Part I: IRS Becoming Less Exceptional in Admin Law “IRS exceptionalism” continues its slow bleed. For reasons that escape me, the White House and federal […]

Notice & Comment

Friday, 12/6 Livestream: Justice Department’s Summit on Modernizing the Administrative Procedure Act

Tomorrow, Friday, December 6, 2019, the Justice Department will host a summit on modernizing the Administrative Procedure Act. It starts at 9AM, and can be livestreamed here. Here’s the description of the summit, from the Justice Department’s invitation: The summit will explore how the administrative state has developed in ways not foreseen by the Administrative […]

Notice & Comment

Please Pardon Our Appearance

We are currently in the midst of transitioning our website to a new host. Unfortunately, as with any move, there will be a time of transition as we iron out remaining knots, and make sure all our content has been moved successfully. We appreciate your patience during this process.

Notice & Comment

Conference in DC: “Technology, Innovation, and Regulation”

On Friday, the Gray Center for the Study of the Administrative State will host a day-long conference on “Technology, Innovation, and Regulation.” It’s an admittedly broad topic. What we have in mind are twin questions: How does regulation affect technological innovation? And how does technological innovation affect regulation? We’ll be focusing on specific issues regarding social […]

Notice & Comment

Ninth Circuit Review—Reviewed:  Panels Weaponize “Standards of Review” To Launch Preemptive Strikes against Chevron, by William Yeatman

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. Chevron Step Negative Infinity Most judicial opinions follow a template. They start with an introduction, then move on to a section that lays out the “standard […]

Notice & Comment

D.C. Circuit Review – Reviewed: LeBron James and Lawrence VanDyke

Would LeBron James — one of the best basketball players of all time — be a good professional football player? Or, to a bit more realistic, had LeBron James never played basketball at all but instead had devoted himself to football, would he have thrived in the NFL? These are the sorts of questions that […]

Notice & Comment

New OIRA Guidance on Guidance

Our blog exploded a couple of weeks ago when the president issued two new Executive Orders related to guidance. In about 24 hours we had four fine contributions, a testament to the blog’s deep bench: Breaking News: Two Major Executive Orders, Aaron Nielson The October 9 Executive Orders and Government Acquisition of Information, Bernard Bell […]

Notice & Comment

The DACA Trap, by Zachary Price

The Supreme Court will hear oral arguments next week about whether the Trump Administration can unwind DACA, the Obama Administration’s policy of “Deferred Action for Childhood Arrivals.”  Under the DACA program, the government invited large numbers of undocumented immigrants who arrived in the United States as young children and met other criteria to apply for […]

Notice & Comment

Call for Submissions 11/8 Deadline: AALS New Voices in Administrative Law and Legislation

The AALS Sections on Administrative Law and Legislation are pleased to announce their co-sponsored “New Voices in Administrative Law and Legislation” program for the 2020 AALS Annual Meeting in Washington, D.C. The New Voices program gives junior administrative law scholars and junior legislation scholars an opportunity to receive useful feedback on their work from more […]

Notice & Comment

Administrative Law Programming at 2020 AALS Annual Meeting in Washington, DC, January 2-5, 2020

The American Association of Law Schools annual meeting will be in Washington, DC, on January 2-5, 2020, and the early-bird registration deadline is November 14th. Law professors can register here. Here’s a look at the administrative law programming for this year’s annual meeting (full program here): Friday, January 3, 2020 Administering the 2017 Tax Act: […]

Notice & Comment

D.C. Circuit Review – Reviewed: Our (Relatively) Uncontroversial Appointments Clause

Separation-of-powers cases tend to be controversial. For instance, when the D.C. Circuit last addressed removal and initially concluded that Congress could not grant the Consumer Financial Protection Bureau’s Director “for cause” protection, the United States argued that the panel had “set[] up what may be the most important separation-of-powers case in a generation.” What followed […]

Notice & Comment

The Contempt Finding and Sanctions Against Secretary DeVos and the Department of Education, by Nicholas R. Parrillo

In Calvillo Manriquez v. DeVos, a class action lawsuit against the Department of Education and Secretary Betsy DeVos for unlawful collection of student loans, U.S. Magistrate Judge Sallie Kim on October 24 issued an order finding the defendants in civil contempt, and ordering them to pay $100,000 in sanctions, for enaging in collection activities in […]

Notice & Comment

Dissenting Commissioners, by Todd Phillips

Administrative law is generally conditioned on agency action. Notice and comment rulemaking mandates “the agency shall give interested persons an opportunity to participate in the rule making.” 5 U.S.C. § 553(c). Chevron deference contemplates judicial consideration of “an agency’s construction of the statute which it administers,” and Auer deference requires judges to consider “the agency’s […]