Notice & Comment

Notice & Comment

Notice & Comment

Greater Philadelphia Chamber of Commerce v. City of Philadelphia: Are Employer Information Requests Commercial Speech?

Several states and municipalities, including the City of Philadelphia, have adopted laws prohibiting employers from asking prospective employees for their wage and salary history.[1]  Such statutes and ordinances are designed to attack persistent wage disparities between White and non-White as well as male and female employees.  The Greater Philadelphia Chamber of Commerce challenged the Philadelphia’s […]

Notice & Comment

Hastings Law Journal Symposium: Revolution or Evolution: Administrative Law in the Age of Trump, 2/21

This Friday, February 21st, the Hastings Law Journal will be hosting an administrative law symposium, and a number of our regular bloggers will be participating. You can register for the conference here. Here are the details from the Journal: Join Hastings Law Journal for our annual symposium at UC Hastings College of the Law. This year, we […]

Notice & Comment

Fascinating Student Note on PDR Network and the Hobbs Act’s Jurisdiction-Stripping Provision

Last Term I covered PDR Network, LLC v. Carlton & Harris Chiropractic Inc. for SCOTUSblog. The question presented in PDR Network was whether the Hobbs Act strips district courts of jurisdiction to reconsider the validity of an agency’s legal interpretation of certain statutes. As I explained in my opinion analysis post, the Court ultimately dodged […]

Notice & Comment

Call for Nominations: ABA AdLaw Section 2020 Awards

2020 ABA AdLaw Section Awards   “Award Season” is just getting started! Nominate a colleague, or submit your work for one of the ABA AdLaw Section’s annual awards. Click the link on each award for details, submission requirements, and more:   Mary C. Lawton Award for Outstanding Government Service – Due June 1, 2020Created in […]

Notice & Comment

Congress Should Fix the Nationwide Injunction Problem with a Lottery

The Administrative Conference’s forum on nationwide injunctions certainly is well-timed. Just days ago, the Court published Justice Gorsuch’s concurring opinion in Department of Homeland Security v. New York, questioning the constitutionality of “nationwide injunctions” against the federal government. “Whether framed as injunctions of ‘nationwide,’ universal,’ or ‘cosmic’ scope,” Gorsuch wrote, “these orders share the same […]

Notice & Comment

Ninth Circuit Review-Reviewed: Even More Standing , 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.” Let’s get straight to last month’s cases. Big Doctrinal Leap on “Competitor’s Standing” Continuing with Aaron’s theme from last Friday, this month’s lead story addresses the doctrinal leap taken by the Ninth Circuit […]

Notice & Comment

Appraising the Policymaking Tools in the President’s Budget, by Thomas Donadio

Admittedly, prior to reading The President’s Budget as a Source of Agency Policy, I thought of budgetary control of an agency as a congressional tool via the appropriations process. In this article, however, Professor Eloise Pasachoff illuminates the Executive Branch’s role through Research Management Offices (RMOs), a little-studied component of the Office of Management and […]

Notice & Comment

50th Annual Duke Law Journal Administrative Law Symposium: Charting the New Landscape of Administrative Adjudication, 2/14

Kent Barnett, Emily Bremer, and I are thrilled to have organized the Duke Law Journal‘s fiftieth annual administrative law symposium, entitled Charting the New Landscape of Administrative Adjudication. The live symposium takes place this Friday, February 14, 2020 (Valentine’s Day!), so if you’re in the area definitely come join us. I’ll post links to the […]