Can Congress enact a general statute and impose upon future Congress’ the obligation to either expressly acknowledge the general statute before abrogating it or expressly state their desire to depart from it? This question has reemerged recently primarily due to Judge Bumatay’s dissent in Investigative Reporting v. Department of Justice, 982 F.3d 668 (Dec. 3, […]
In a series of bold actions, Texas has attempted to continue where the Trump administration left off in terms of immigration enforcement. These attempts recently have included threats to build a border wall, the devotion of space in state jails to immigration violators, and the use of the arrest power against immigrants under the theory […]
Congress enacts a statute, and includes within it a provision requiring that any future law enacted to limit the statute’s scope expressly refer to the statute. Is such a provision unconstitutional, and thus void ab initio? The argument, which has some support in Supreme Court precedent, has recently been deployed by Ninth Circuit Judge Patrick […]
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 […]
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 […]
Yesterday, the FTC announced the first step in its efforts to implement the ambitious antitrust agendas of President Biden and Chair Khan. It will attempt to create a general right to repair any equipment that you own either yourself or through use of an independent service provider (ISP), rather than through the manufacturer of the […]
From Leah Litman, Chair of the Section on Federal Courts of the Association of American Law Schools (AALS): The AALS Section on Federal Courts is pleased to announce the annual award for the best article on the law of federal jurisdiction by a full-time, untenured faculty member at an AALS member or affiliate school—and to […]
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 […]
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 […]
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): […]
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 […]
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 […]
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 […]
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 […]
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 […]