About a month ago Kristin Hickman tweeted the following: The promised call for papers is now is live. The good folks at the Duke Law Journal are owed many thanks for organizing and hosting. It should be a lot of fun. Duke Law Journal’s Annual Administrative Law Symposium Call for Papers The Duke Law Journal […]

The D.C. Circuit didn’t decide any cases this week … but the White House today did announce its nominee for the Court’s upcoming vacancy: Judge Justin Walker. Here is the announcement: I don’t know Judge Walker well. We met once at an academic workshop on administrative law. In my limited experience, I found him to […]

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 […]

For a half dozen years or so, I’ve had the privilege of directing my law school’s Washington, DC, summer program. Each summer we place about twenty students (mostly rising 2Ls) in our DC summer program—usually in unpaid internships and most often at federal agencies, on the Hill, and at non-profits. As part of the summer […]

In a recent post, I wrote about the states that have abandoned Chevron and Auer like deference in recent years. I want to now turn my attention to a much less praiseworthy set of states, those who simply cannot make up their mind about whether or not to defer to agencies. In my article, The […]

Agencies today conduct adjudicative hearings in three ways: in person, remotely using video and audio (video or video teleconference (VTC) hearings), and remotely with audio only (telephone hearings). In more normal times, each method has its boosters and skeptics. To see just how unpopular any shift to video or hearings can be, just look at […]

Although scholars may not be able to see each other at conferences or other events for the foreseeable future, they can still maintain some virtual connection. The Association of American Law Schools (AALS) Section on Administrative Law is going to try out a new initiative: “Meet a Member.” The section will introduce our members from […]

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 […]

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 […]

I was interested to see that a number of law professors filed comments in response to OMB’s request for information on “Reforming Regulatory Enforcement and Adjudication,” which notice you can find here. OMB expressed its concern that agency adjudications in a number of different ways lacked sufficient process, and invited people to weigh in. In […]

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) […]