Notice & Comment

Notice & Comment

Notice & Comment

ACUS Update: Forum on International Regulatory Cooperation (June 3) 

Join the Administrative Conference of the United States (ACUS) on Monday, June 3 (9:30am–3pm ET), for a public forum on international regulatory cooperation.   U.S. and international regulators, leading academic scholars, and other experts in the field will explore the current federal framework for international regulatory cooperation, examine global perspectives, and identify remaining barriers to regulatory […]

Notice & Comment

Saving the Consumer Financial Protection Bureau (and the Constitution) from the Courts, by Christine Kexel Chabot

Administrative law is almost certain to undergo monumental change during the Supreme Court’s current Term.  On May 16, 2024, the Court issued its first in a series of blockbuster administrative law decisions: Consumer Financial Protection Bureau v. Community Financial Services Ass’n. The Court’s 7-2 decision declaring the Bureau’s funding structure constitutional brings good news for […]

Notice & Comment

Ad Law Reading Room: “Ghostwriting Federalism,” by Adam S. Zimmerman

Today’s Ad Law Reading Room entry is “Ghostwriting Federalism,” by Adam Zimmerman, which was recently published by the Yale Law Journal and posted to SSRN. Here is the abstract: Notwithstanding the Supreme Court’s admonition that federal authorities should not “unduly interfere” with state government, federal agencies frequently write state laws. They draft model state acts. […]

Notice & Comment

With or Without Chevron Deference, Agencies Have Extensive Rulemaking Authority, by Dena Adler and Max Sarinsky

Soon after the Supreme Court decided West Virginia v. Environmental Protection Agency, we wrote a short analysis outlining the major questions doctrine as laid out by the Court. Our piece was not rocket science. We simply summarized the majority’s test for determining whether an agency’s legal interpretation triggers the doctrine. But as we expected, many […]

Notice & Comment

D.C. Circuit Review – Reviewed: NEPA and Agency Post Hoc Rationalizations

Not much of a unifying theme in the past week’s D.C. Circuit decisions. The most significant decision was likely Farhy v. Commissioner of Internal Revenue, No. 23-1179, where the court (Judge Pillard writing) held that the IRS can assess and administratively collect penalties for failure to file information returns regarding ownership of foreign businesses. The […]

Notice & Comment

Chevron and Banking Law: What’s Good for the Goose Isn’t Good for the Gander, by Todd Phillips

As we await the Supreme Court’s decisions in Relentless and Loper Bright, left-leaning scholars and activists have bemoaned the demise of Chevron deference as harmful to progressive values. But this is not true in at least one area of law: banking. Where Congress enacted incredibly progressive statutes, courts granted Chevron deference to regulators’ interpretations in […]

Notice & Comment

D. C. Circuit Review: Reviewed — “In other news . . .”

While all eyes and ears were on the oral arguments before the Supreme Court in Trump v. United States, No. 23-939,  the D. C. Circuit’s landmark decision regarding presidential immunity, the court went about its normal business, issuing three opinions on matters less grand but important nonetheless. The Federal Service Labor-Management Relations Statute authorizes aggrieved […]

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Predicting the Fate of the FTC’s Non-Compete Ban, by Daniel A. Crane

On April 23, 2024, the FTC voted 3-2 to adopt a final rule prohibiting non-compete agreements in employment contracts. The two Republican Commissioners dissented on a variety of grounds, including that the FTC does not have substantive rulemaking authority under Section 6g of the FTC Act, the major questions doctrine, that the rule is arbitrary […]

Notice & Comment

Registration Open: 2024 ABA Administrative Law Spring Conference, May 9-10, 2024, in Washington, DC

Join us in Washington DC for an exceptional conference exploring the forefront of administrative law and government policymaking during a two-day live event in the heart of our nation’s capital. This year, our program will commence with Thursday sessions at The George Washington University Law School, featuring academic workshops, and will conclude with a networking […]

Notice & Comment

Ad Law Reading Room: “After Courts: Democratizing Statutory Law,” by Ryan D. Doerfler & Samuel Moyn

Today’s Ad Law Reading Room entry is “After Courts: Democratizing Statutory Law,” by Ryan D. Doerfler & Samuel Moyn, which is forthcoming in the Michigan Law Review. Here is the abstract: In Federalist No. 78, Alexander Hamilton argued for locating interpretive authority over law separately from those institutions tasked with formulating it. Hamilton’s vision, never […]

Notice & Comment

Administrative Law SSRN Reading List, March 2024 Edition

It’s the end of the semester, so many professors are gearing up to grade final exams and thus seeking opportunities to procrastinate. There’s lot of great new administrative law scholarship to help on that front. Here is the March 2024 Edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative […]