Notice & Comment

Notice & Comment

Notice & Comment

Stephen F. Williams: Personal Reflections by a Last Clerk

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 […]

Notice & Comment

Ninth Circuit Review—Reviewed: Nationwide Preliminary Injunctions before 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.” 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 […]

Notice & Comment

The End of the Senate Filibuster

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 […]

Notice & Comment

Judge Stephen F. Williams, 1936-2020

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 […]

Notice & Comment

ABA AdLaw Section Webinar, 8/20, at Noon via Zoom: Latest Federal Sector Developments at the Equal Employment Opportunity Commission Office of Federal Operations

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 […]

Notice & Comment

The Law Has Lost a Giant: The Legacy of Judge Stephen Williams

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 […]

Notice & Comment

ACUS Webinar on Managing Federal Agency Adjudication Programs, 8/11, 2-3:30PM

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 […]

Notice & Comment

Racism and Informal Agency Adjudicatory Decisions, or, Is Racism Arbitrary and Capricious? By Steph Tai

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 […]

Notice & Comment

Hire American: Race-Based Exclusion in Employment-Based Immigration, by Stella Burch Elias & Kit Johnson

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 […]