Notice & Comment

Notice & Comment

Notice & Comment

Free ABA AdLaw Section Webinar, 7/30, 3-4:15PM: Supervision by the Executive: Appointments Clause and Removal Constraints After Collins & Arthrex

Constitutional Law & Separation of Powers Committee of the ABA Administrative Law Section Presents Supervision by the Executive: Appointments Clause and Removal Constraints After Collins & Arthrex Friday, July 30, 2021 from 3:00-4:15 pm ET Participants: Melissa Feeney Wasserman, Charles Tilford McCormick Professor of Law, The University of Texas at Austin School of Law Aaron […]

Notice & Comment

Add a Side of Adjudication to Your Lunch This Wednesday

As I noted last month, Neysun Mahboubi has put together a series of Clubhouse conversations this summer about recent administrative law scholarship. Join us this Wednesday, July 28 at noon Eastern to discuss my forthcoming Washington University Law Review article, The Rediscovered Stages of Agency Adjudication. It’ll make you see APA adjudication in a whole […]

Notice & Comment

Administrative Law — Trivia Night

Wednesday, July 28, 20217:30-9:30 PM ET Think you know administrative law? Join your colleagues for a night of trivia! Build your own team with friends and colleagues or sign up to be placed on a team and meet new colleagues. This is a great opportunity to test your Administrative Law knowledge! REGISTER: Register in advance for […]

Notice & Comment

Unsolicited Advice for FTC Chair Khan, by Richard J. Pierce, Jr.

New FTC Chair Lina Khan has not sought my advice, but here it is. In his July 9 Executive Order, President Biden described an antitrust agenda that he wants the FTC and the other agencies with antitrust responsibilities to implement. His agenda consists of 72 major changes in competition law. Any agency that attempts to […]

Notice & Comment

Richard J. Pierce, Jr. on the Harmful Public Misperception that Rulemaking is a Plebiscite (ACUS Update)

Over the past two days, I’ve posted a mini-symposium of separate statements filed by ACUS members in response to Recommendation 2021-1, Managing Mass, Computer-Generated, and Falsely Attributed Comments. The third and final contribution comes from Senior Fellow Richard J. Pierce, Jr. (GW Law) (it is an abbreviated version of a statement that is on the ACUS website): […]

Notice & Comment

Nina A. Mendelson on the Value of Comments from Individual Members of the Public (ACUS Update)

Yesterday, I posted the first of three separate statements filed by ACUS members in response to Recommendation 2021-1, Managing Mass, Computer-Generated, and Falsely Attributed Comments. The second statement comes from Senior Fellow Nina A. Mendelson (Michigan Law): This Recommendation, the product of much hard work, will help guide agencies managing mass comments and addressing falsely attributed […]

Notice & Comment

Randolph J. May on Mass Comments and the FCC’s Net Neutrality Proceedings (ACUS Update)

As I noted yesterday, ACUS’s newly adopted Recommendation 2021-1, Managing Mass, Computer-Generated, and Falsely Attributed Comments generated three separate statements.  Separate statements are permitted by the Administrative Conference Act (5 U.S.C. 595(a)(1)) and the agency’s bylaws (Section 302.6(d)(1)). They are relatively rare and typically used to register disagreement with a recommendation the Assembly has voted to […]

Notice & Comment

To My Mentor Peter Shane

At the end of this academic year, my friend, mentor, and colleague Peter Shane announced his retirement. Before joining our faculty in 2003, Peter taught at Iowa, Carnegie Mellon, and Pitt (where he was dean from 1994-1998). (He’s also visited at Harvard, Duke, Boston College, and Villanova.) Prior to becoming a full-time law professor, he served […]

Notice & Comment

Four New Recommendations, Three Separate Statements, and One Committee Meeting in July (ACUS Update)

At its 74th Plenary Session in June, the Assembly of the Administrative Conference of the United States adopted four new recommendations. One of these (Recommendation 2021-1, Managing Mass, Computer-Generated, and Falsely Attributed Comments) provoked three (!) separate statements, from Senior Fellows Randy May, Nina Mendelson, and Dick Pierce. The dialogue offers a fascinating window into […]

Notice & Comment

President Biden’s Antitrust Agenda, by Richard J. Pierce, Jr.

On July 9, President Biden issued an executive order in which he described a comprehensive 72-part agenda to improve competition in the United States. Some of his proposals suggest that he supports the plans for radical changes in antitrust law that FTC Chair Khan proposed at her first FTC meeting on July 1. I have […]

Notice & Comment

The End of Deference: An Update from Colorado, by Daniel Ortner

June ended up being an extremely eventful month for state deference. In addition to the Mississippi Supreme Court’s long expected decision to abandon Auer like deference, the Colorado Supreme Court also issued a major decision rejecting both Brand X and Chevron like deference. Previously, while the court had not has expressly voiced its skepticism or […]