Notice & Comment

Notice & Comment

Notice & Comment

An Alternative Justification for Debt Forgiveness Under the HEROES Act, by Will Dobbs-Allsopp and Josh Bivens

When the Biden administration’s student debt relief plan comes before the Supreme Court next month, it could benefit from an unlikely ally: inflation.  The administration has issued its discharge plan under the HEROES Act, a statute that permits the Secretary of Education to “waive or modify” federal student loan requirements in connection with a “national emergency”—here, the Covid-19 pandemic. But […]

Notice & Comment

Concluding Thoughts, by Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand

*This is the eleventh and final post in a symposium on Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand’s “Networks, Platforms, and Utilities: Law and Policy.” For other posts in the series, click here. Writing a book review, especially when that book weighs in at 1,200 pages, is an act of generosity. We are so […]

Notice & Comment

The Justice Department Is Driving a Vertical Split over Chevron, by William Yeatman & Adi Dynar

In a recent post, the Cato Institute’s Isaiah McKinney presented empirical findings that, over the last three years, circuit courts applied the Chevron “two-step” 84.5% of the time when reviewing agency interpretations of their enabling statutes, with 59.2% of these cases proceeding to a deferential posture at Chevron step two. McKinney contrasted Chevron’s prevalence in […]

Notice & Comment

Section 230, Gonzalez, and the Ghost of FCC Regulation, by Adam Candeub

The Supreme Court will hear oral arguments in Gonzalez v. Google next month. This is the first time the Court will consider Section 230(c)(1) of the Communications Decency Act, the central internet liability statute. The Gonzalez plaintiffs are families of victims of the Paris, Istanbul, and San Bernardino terrorist attacks. They claim that YouTube’s targeted recommendations assisted or aided in […]

Notice & Comment

D. C. Circuit Reviewed: Reviewed – Two Energy Cases Decided; An Appointments Clause Issue in the Making?

The D. C. Circuit released two decisions last week, both upholding challenged agency actions. The first involved the Nuclear Regulatory Commission; the other involved FERC. Public utilities must file with FERC all rates and charges and may not charge a rate that is not on file. Utilities must report their operational costs incurred so that […]

Notice & Comment

Appropriations, the Budget, and Public Debt Transparency: The Fiscal Panorama, by Gillian Metzger, Anna Gelpern, Alissa Ardito Ashcroft, Erika Lunder, and Karla Vasquez-Suarez

Appropriations, budget, and public debt law lurk in the recesses of public law. Every now and again, in a blaze of glory and spilled ink, they emerge under the guise of a constitutional issue. Should a constitutional question arise, usually separation of powers, amid a political stalemate, then an extended shutdown or debt ceiling drama […]

Notice & Comment

On “NPU-ness,” by David Singh Grewal

*This is the tenth post in a symposium on Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand’s “Networks, Platforms, and Utilities: Law and Policy.” For other posts in the series, click here. The arrival of the first new casebook on regulated industries—what its authors call “Network, Platform, and Utility” (NPU) law—in a quarter century is […]

Notice & Comment

Administrative Law Conference in DC, 2/9: Ensuring Democratic Accountability in the Administrative State

On Thursday, February 8, 2023, there’s a terrific law review symposium in Washington, DC, on democratic accountability in the administrative state. Shoba Wadhia and I will be presenting our new working paper on democratic accountability and modes of regulatory policymaking. Definitely join us if you’re in DC and have time. Here are the details from […]

Notice & Comment

The Political Economy of NPU Law, by Amy Kapczynski

*This is the ninth post in a symposium on Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand’s “Networks, Platforms, and Utilities: Law and Policy.” For other posts in the series, click here. One of the things that constituted the neoliberal era in law schools was a mainstreaming of a very particular view about markets. Markets […]

Notice & Comment

Money and Banking through the “Networks, Platforms, & Utilities” Lens: Preliminary Thoughts, by Saule T. Omarova

*This is the eighth post in a symposium on Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand’s “Networks, Platforms, and Utilities: Law and Policy.” For other posts in the series, click here. Writing a law textbook is a huge task. Writing a textbook that takes a panoramic view of multiple substantive issues and areas of […]

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What Are Networks, Platforms, and Utilities and What Should We Do with Them? by Josh Macey and Genevieve Lakier

*This is the seventh post in a symposium on Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand’s “Networks, Platforms, and Utilities: Law and Policy.” For other posts in the series, click here. Networks, Platforms and Utilities (NPU) is an ambitious book.It covers an enormous range of industries and regulatory frameworks—everything from banking to the postal […]

Notice & Comment

NPU and the Long Interregnum, by William Boyd

*This is the sixth post in a symposium on Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand’s “Networks, Platforms, and Utilities: Law and Policy.” For other posts in the series, click here. When I went to law school, after having spent years studying the political economy of particular industries (energy, forest products, chicken processing, agricultural […]