Notice & Comment

Notice & Comment

Notice & Comment

Gundy, Nondelegation, and Criminal Law

The nondelegation doctrine says that a statute can give rulemaking power to an agency so long as the statute contains an intelligible principle directing how that power must be used. For years, the doctrine was a joke.  Courts routinely upheld laws with the slimmest of intelligible principles, and sometimes they even read intelligible principles into […]

Notice & Comment

A Very Productive 72nd Plenary! (ACUS Update)

I’ve been remiss in updating you, dear reader, on what was a very productive ACUS Plenary session in December 2019. The Assembly adopted five new recommendations, on a host of timely subjects. From ACUS’s promptly published Federal Register notice: Recommendation 2019-5, Agency Economists, addresses the placement of economists within rule-writing agencies (e.g., centralized versus dispersed throughout the agency) […]

Notice & Comment

D.C. Circuit Review – Reviewed: “The New Separation of Powers in the Age of Coronavirus”

I’m pleased to announce that I’ve written an important new article: “The New Separation of Powers in the Age of Coronavirus.” This is still a draft; comments definitely welcome. ### Obviously, I kid. The title, however, comes from a great post at PrawfsBlawg by Paul Horwitz. Professor Horwitz — whom I’ve never met, but whose […]

Notice & Comment

Video and Draft Papers from Duke Law Journal Charting the New Landscape of Administrative Adjudication

Kent Barnett, Emily Bremer, and I were thrilled to organize the Duke Law Journal‘s fiftieth annual administrative law symposium, entitled Charting the New Landscape of Administrative Adjudication. As I blogged about last month, the live symposium took place on Valentine’s Day, and the draft papers and video from the symposium are now available online. Here is the […]

Notice & Comment

Using the Rhetoric of Obscenity Against Vulnerable Migrants Amidst the Coronavirus Pandemic, by Robert F. Barsky

The US border is now officially closed to everyone, unless the crossing falls under the rather ill-defined category of “essential.” This move is officially described as a public health response to the spread of Coronavirus, but it also happens to coincide with the Trump administration’s frequently stated view that the country is “full.” Furthermore, it […]

Notice & Comment

New Justice Department Guidance on Supplemental Environmental Projects in Civil Settlements with Private Defendants

Last week, Jeff Clark, the Assistant Attorney General of the Environment and Natural Resources Division (ENRD), delivered a fascinating speech at the Case Western Reserve University’s Burke Center for Environmental Law. Video of his remarks is here. Among other things, Clark discussed Justice Department guidance he issued the week before concerning supplemental environmental projects (SEPs) […]