Notice & Comment

Notice & Comment

Notice & Comment

Modernizing Regulatory Review: A Compendium

As part of my prep for this year’s ABA Administrative Law Conference, I put a list together of policy documents that have been issued by the Biden Administration as part or (or related to) efforts to modernize regulatory review. While much of the discussion about the Biden Administration’s regulatory approach has focused on, e.g., changes […]

Notice & Comment

A Pitch for “Statutory Torts,” by Matteo Godi

At many law schools, the common law of torts is part of the required first-year curriculum.  Yet today, especially in federal court, most cases invoking tort principles—indeed, a large portion of all civil cases—do not deal with battery, trespass, or products liability.  Instead, they involve statutory torts.  Law schools rarely teach statutory torts, however.  I know of at least one […]

Notice & Comment

The Remedy in SEC v. Jarkesy

With the Supreme Court hearing argument in SEC v. Jarkesy on Wednesday, a lot of focus will be on the three separate constitutional questions presented in the case: The Fifth Circuit answered all three questions in the affirmative, and I would be shocked if the Supreme Court agreed on all three. But it’s quite possible […]

Notice & Comment

Administrative Law SSRN Reading List, October 2023 Edition

Happy Thanksgiving! Here is the October 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.  For more on why SSRN and this eJournal are such terrific resources for administrative law scholars and practitioners, check out my first post on the subject here. You […]

Notice & Comment

Article III and Seventh Amendment Challenges to Agency Adjudication in the Lower Courts, by Matthew Wiener & Jonathan Wiersema

From Matthew Wiener: On November 29, 2023, the Supreme Court will hear argument in Securities and Exchange Commission v.  Jarkesy. Perhaps the most important of the three questions presented is whether “the statutory provisions that empower the Securities and Exchange Commission to initiate and adjudicate administrative enforcement proceedings seeking civil penalties violate the Seventh Amendment.” A divided panel […]

Notice & Comment

Nondelegation in SEC v. Jarkesy: Flying under the Radar, by Will Yeatman

Based on my personal interactions, most lawyers seem to think little of the nondelegation claim in SEC v. Jarkesy. Even Mr. Jarkesy seems somewhat lukewarm to the nondelegation argument, as it’s discussed in the respondent’s brief for only two pages, which is far less than was devoted to the other two constitutional claims. In this post, I […]

Notice & Comment

Ad Law Reading Room: “Juristocracy and Administrative Governance: From Benzene to Climate,” by Rachel Rothschild

Today’s Ad Law Reading Room entry is “Juristocracy and Administrative Governance: From Benzene to Climate,” by Rachel Rothschild. Here is the abstract: In a series of recent decisions culminating in West Virginia v. EPA, the Supreme Court relied on the newly named “major questions doctrine” to strike down agency regulations that protect public health and […]

Notice & Comment

Seeking More Senior Commentators for AALS Administrative Law New Voices Program

The AALS New Voices in Administrative Law program is seeking several more senior commentators for this year’s session. We had an outstanding response to our call for junior scholar presenters, and are now looking for more senior scholars to join. We’d like to continue our tradition of assigning two experienced scholars to comment on each junior paper. […]

Notice & Comment

Comparing the Draft and Final Circular A-4 Revisions

Over at the GW Regulatory Studies Program, Mark Febrizio, Sarah Hay, and Zhoudan (Zoey) Xie have published a comparison of the draft and final Circular A-4 revisions, which were published last week. Here’s the description of the project: Following a public comment period earlier this year, the Office of Information and Regulatory Affairs (OIRA) in the Office […]

Notice & Comment

More on Sign Stealing and Antitrust, by Daniel A. Crane

My November 8 Yale Journal on Regulation Notice and Comment post on antitrust and sign stealing has generated lots of comments and conversations, ranging from enthusiastic (Michigan fans) to not enthusiastic (others). Some people just want to have fun with it, and that’s fine. The whole sign-stealing “scandal” is a welcome breather from lots of truly awful or […]