Notice & Comment

Notice & Comment

Notice & Comment

Justice40 for the 30×30 Benchmark, by Seton Parsons

Within days of taking office, President Biden made a historic commitment that saw 40 percent of the overall benefits of certain federal investments flow to disadvantaged communities. The Justice40 Initiative attaches federal funding to covered programs investing in climate change, clean energy, energy efficiency, and training and workforce development, among other priorities. Since the release […]

Notice & Comment

The AALS Section on Administrative Law’s 2023 Emerging Scholar Award, by Mila Sohoni

We are delighted to announce that the winner of the AALS Section on Administrative Law’s Emerging Scholar Award for 2023 is Professor Emily Bremer, for her article The Rediscovered Stages of Agency Adjudication, 99 Wash. U. L. Rev. 377 (2021). Congratulations to Professor Bremer on this accomplishment! In addition, Professor Noah Rosenblum received an Honorable Mention for his paper, The Antifascist Roots of Presidential […]

Notice & Comment

Campaign Legal Center v. DOJ — FOIA Postscript to Department of Commerce v. New York (Part II)

Can an agency properly invoke the deliberative process privilege to shield internal deliberations over a sham memo requesting that another agency take action, knowing that the recipient agency will use the request to hide the real reason for its contemplated action?  Earlier this year, the D.C. Circuit answered in the affirmative. Campaign Legal Center v. […]

Notice & Comment

The CFPB’s Blank Check—or, Delegating Congress’s Power of the Purse

In one of the Consumer Financial Protection Bureau’s first strategic plans, the then-new agency highlighted Congress’s decision to vest it with a completely independent source of revenue: “providing the CFPB with funding outside of the congressional appropriations process,” Congress had  “ensure[d] full independence” for the agency.  The agency’s declaration of independence from future congressional appropriations […]

Notice & Comment

Campaign Legal Center v. DOJ — FOIA Postscript to Department of Commerce v. New York (Part I)

Can an agency properly invoke the deliberative process privilege to shield internal deliberations over a sham memo requesting that another agency take action, knowing that the recipient agency will use the request to hide the real reason for its contemplated action?  Earlier this year, the D.C. Circuit answered in the affirmative. Campaign Legal Center v. […]

Notice & Comment

Laurence Silberman: The Public Service that Helped to Form a Judge

The news of Judge Laurence Silberman’s passing on October 2 spurred a wave of remembrances from colleagues, admirers, former proteges, Supreme Court justices, and many more. Some of my AEI colleagues contributed writings of their own: Robert Doar, Yuval Levin, and John Yoo.  His contributions to the law—particularly in respecting and reinforcing the Constitution’s separation of powers—were immense, as many of his […]

Notice & Comment

Enforcement Policy is a Political Question in United States v. Texas, by Zachary Price

Next week, the Supreme Court will hear arguments in United States v. Texas, a suit challenging the Biden Administration’s current immigration enforcement priorities. The Court should reject this challenge for reasons I outlined in a 2016 article. Although the administration’s policy may fall short of ideal faithful execution of federal law, its deficiencies present a […]

Notice & Comment

The Major Questions Doctrine Reading List, by Beau J. Baumann

[Originally Published: November 7, 2022; Last Updated: November 21, 2022] Chris Walker had the great idea to assemble a bibliography on the major questions doctrine (MQD) so that we can have a one-stop shop for all things MQD. Below, I’ve listed as much of the existing MQD literature as I could get my arms around. […]

Notice & Comment

Presidentialism, Democracy, Interpretation: Notes of a Grateful Author (Part 2), by Peter M. Shane

*This is the sixteenth and final post in a symposium on Peter Shane’s “Democracy’s Chief Executive: Interpreting the Constitution and Defining the Future of the Presidency.” For other posts in the series, click here. In Part 1 of my response to the wonderful set of fourteen essays commenting on my book, Democracy’s Chief Executive: Interpreting the […]