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 […]
Today at noon we will be livestreaming the ABA Administrative Law Section’s annual awards ceremony, where we hear from the winners of the scholarship and service awards. This session will be open to the public at this Zoom link at noon. The Free State Foundation, founded by former ABA Administrative Law Section Chair Randy May, […]
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 […]
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 […]
For the last couple years, Matt Wiener, Vice Chair of the Administrative Conference of the United States (ACUS), and I have been working on an ACUS study of agency appellate systems. We’ve worked up detailed case studies on a dozen of the higher-volume appellate systems at the federal level and conducted countless interviews with current […]
As chair of the ABA’s Section of Administrative Law and Regulatory Practice, I am honored to invite you to attend the ABA’s 2020 Administrative Law Conference, which will take place virtually on Thursday and Friday, November 19-20, 2020. You can register for the full two-day program here (or Thursday only here, or Friday only here). […]
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 […]
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 […]
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 […]
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 […]
The Federalist Society’s National Lawyers Convention is next week. I’m pleased to see that Judge Janice Rogers Brown is going to deliver a lecture: As you no doubt recall, Judge Brown — for whom I clerked — retired from the D.C. Circuit a few years ago. She doesn’t speak often. It turns out, however, that […]
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 […]
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 […]
Given the Paperwork Reduction Act’s (PRA) importance, it often does not get much attention. If the Office of Information and Regulatory Affairs (OIRA) is the most important office you’ve never heard of, then the PRA may be the most important function of OIRA you’ve never heard of. In addition to creating OIRA, the PRA requires […]
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 […]