It’s said that becoming a federal judge can change people—and not always for the better. You become the master of your own kingdom, answerable to no one thanks to the Constitution’s effective guarantee of lifetime tenure. Whatever flaws you had before can become accentuated. It says something remarkable about Stephen F. Williams that his 34 […]
Most of administrative law scholarship, and certainly the most widely cited and acclaimed scholarly contributions to the field, appear to be color-blind.[1] Most leading administrative law decisions seem to be so as well. Should we as scholars and thinkers in the field stand chastened by such a state of affairs? What role should race assume in administrative […]
Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” This month, we’re going to take a deep dive into a hot-button issue: nationwide preliminary injunctions. Let’s get straight to business. Surveying the Schizophrenic Law of the Circuit on Universal PIs Prior to the Trump-era, august principles of […]
The days of the Senate filibuster are likely numbered. Recently, President Obama called for eliminating the filibuster as a relic of Jim Crow. Likewise, President Trump has repeated called for eliminating the filibuster, and Joe Biden has indicated openness to eliminating the filibuster. If the Senate were to eliminate the filibuster, this is not the […]
by Peter Conti-Brown, Kristina Daugirdas, Daniel E. Ho, Anne Joseph O’Connell, and Nicholas R. Parrillo The field of administrative law has lost one its most important and beloved figures, Judge Stephen F. Williams of the D.C. Circuit, who died on Friday at 83. Since his appointment by President Reagan in 1986, Williams held a reputation […]
Government Personnel Committee Presents Latest Federal Sector Developments at the Equal Employment Opportunity Commission Office of Federal Operations” Thursday August 20, 2020 12 pm – 1:30 pm Eastern Time via Zoom Please join us for a discussion about the latest developments at the EEOC Office of Federal Operations, including a review of significant cases decided […]
I’ve often said that this is the greatest opening line in the history of the D.C. Circuit: “In the Spring of 1985, as Mikhail Gorbachev was assuming the duties of General Secretary and inaugurating perestroika, the Federal Energy Regulatory Commission launched its own restructuring of the natural gas industry.” The sentence reflects the best of the […]
From time to time, I like to play the * Game here at D.C. Circuit Review — Reviewed.* The game comes from the D.C. Circuit rule that “an asterisk may be placed next to those authorities on which the brief principally relies, together with a notation at the bottom of the first page of the table […]
As I blogged about earlier this week, the Administrative Conference of the United States, along with George Mason University’s C. Boyden Gray Center for the Study of the Administrative State and the Center for Progressive Reform, are hosting a four-part, virtual Symposium on Federal Agency Adjudication this month. On Tuesday, August 11th, from 2:00-3:30PM, I’ll be participating on the […]
Introduction In 2011, researchers found significant disparities in the National Institutes of Health (NIH) funding of minority researchers. In particular, their study determined that—even after controlling for education, country of origin, training, previous research awards, publication records, and employers—“[B]lack applicants remain 10 percentage points less likely than whites to be awarded NIH research funding.” This study spurred the […]
Immigration fuels the engine of corporate America. Fortune 500 corporations routinely recruit talented managers from their offices around the world to work in the United States. Smaller businesses operating in regional markets also rely on immigrant employees, who are willing to fill jobs when the domestic labor market cannot meet demand. Between 25 and 30 percent […]
As I blogged about back in February, the Hastings Law Journal hosted a terrific live symposium on February 21st (the last time I traveled anywhere outside central Ohio for work) on Administrative Law in the Age of Trump. The law journal editors were absolutely fantastic, and the print issue from that symposium has now been […]
Like the rest of the world, the Administrative Conference of the United States has been thrown off its usual schedule by the pandemic. But this month, the agency springs back into action with a block of online committee meetings on a new recommendation project, as well as two virtual symposia. I anticipate that there will […]
The requirements for notice and comment rulemaking have been well established for decades. When an agency decides that a new rule should be promulgated, an initial version of that rule is published in the Federal Register. The public is then invited to comment on it for a period of time, typically 30 or 60 days. At the end […]
This is a really exciting set of papers for the annual adlaw new scholarship roundtable! From the Yale Law School website: Roundtable Converted to Online Format for 2020, Will Resume In-Person in 2021 The Administrative Law New Scholarship Roundtable is an annual event each June, hosted by a rotating series of law schools, at which […]