Notice & Comment

Notice & Comment

Notice & Comment

Possible Doctrinal Responses to Ping-Pong Policymaking, by William Yeatman & Christian Townsend

In today’s government, presidents are the primary policymakers, due to their management of the administrative state. On January 20th, therefore, rules affecting almost every aspect of American life will pivot 180 degrees, as the White House changes hands from a Republican to a Democrat administration. Consider the current whipsaw in our nation’s capital. The Trump administration is […]

Notice & Comment

Session for ABA Administrative Law Conference: Administrative Law Job Opportunities for Young Lawyers, 11/19 5:00-6:00

The week of the annual ABA Administrative Law Conference has arrived! This is the signature event of the ABA Administrative Law Section. As Chris Walker detailed in a prior post, we have a terrific set of panels and speakers this year. You can still register for the full two-day program here (or Thursday only here, or Friday only here). The […]

Notice & Comment

Kickoff Plenary Session for ABA Administrative Law Conference: Recognizing and Addressing Racism in Administrative Law, 11/18 @ noon

The week of the annual ABA Administrative Law Conference has arrived! This is the signature event of the ABA Administrative Law Section. Indeed, having grown up in Vegas where we always proclaim to have the biggest and best of everything, I’m tempted to say this is the biggest and best conference on administrative law held […]

Notice & Comment

Call for Papers: Michigan Law Junior Scholars Conference (1/4 deadline)

The University of Michigan Law School invites junior scholars to attend the 7th Annual Junior Scholars Conference, which will take place virtually on April 16-17, 2021. The conference provides junior scholars with a platform to present and discuss their work with peers, and to receive detailed feedback from senior members of the Michigan Law faculty. The Michigan Law journals […]

Notice & Comment

Ninth Circuit Review-Reviewed: What Will Happen to Four Years’ Worth of Anti-Administrativist Jurisprudence in CA9?, by William Yeatman

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to business. When Trump Is Gone, Will CA9 Start Abnegating? If you’re an anti-administrativist, it’s been a great four years in CA9. During the Trump-era, the Ninth Circuit filled the Federal Reporter with orders […]

Notice & Comment

Call for Papers: ACS Richard D. Cudahy Writing Competition in Administrative Law (2/7 deadline)

The American Constitution Society (ACS) is now accepting applications for the 2021 Richard D. Cudahy Writing Competition in Administration Law. Open to all lawyers and law students, this competition celebrates the legacy of the late Judge Cudahy by honoring academic writing focused on American regulatory or administrative law, broadly construed.   This year’s judging panel […]

Notice & Comment

Why the Congressional Review Act May Still Be Important, Even If Republicans Win the Senate

If current election results hold, it looks like Democrats will win the presidency, hold the House of Representatives, but lose the Senate (pending potential Georgia Senate runoff(s)). When the presidency most recently switched parties, congressional Republicans and President Trump extensively used the Congressional Review Act (CRA) to dissaprove Obama administration rules. Although Democrats may not […]

Notice & Comment

Fifth Circuit Review–Reviewed: Halloween Edition

Two things I love: administrative law and scary movies. No matter how busy I am, I try to watch a couple of really good scary movies each year around Halloween. I haven’t watched any yet this year, though, so if you have recommendations, please let me know. Anyway, while preparing this Fifth Circuit Review–Reviewed, I […]

Notice & Comment

Moore v. Circosta and Federalism

On Wednesday, in Moore v. Circosta, the Supreme Court denied a request for an injunction barring the implementation of a memo issued by the North Carolina State Board of Elections that extends the deadline for receiving absentee ballots in North Carolina.  Justice Gorsuch dissented, and it is on that dissent that this post focuses.  One line […]

Notice & Comment

Spadaro v. Customs & Border Patrol: Visa Revocations, Transparency, and Textualism

Summary: This post highlights the Second Circuit’s recent decision allowing the State Department to withhold records regarding visa revocations from Freedom of Information Act (“FOIA”) requesters.  The post then critiques the Court’s problematic use of textualist methodology, noting that it presumes imprecise Congressional drafting, In Spadaro v. United States Customs and Border Protection,[1] the Second […]