Like everyone else, I’m saddened at the passing of Justice Ginsburg — another giant of the law. Every year, my Civil Procedure syllabus opens with this observation from “RBG”: “You can have all the rights in the world, but if you can’t enforce them, they aren’t worth very much.” It is hard to find a […]
I’ve engaged in some deviant behavior. I did something you aren’t supposed to do—with someone else or alone. At least if you’re an academic. I’ve written a purely doctrinal article. And I’m not sorry. My latest article, invited for the George Washington Law Review’s Annual Review of Administrative Law, considers—well, the title says it all—How […]
Section 706 of the APA states that “court[s] shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action.” Is Chevron v. NRDC, 467 U.S. 836 (1984), inconsistent with the text of the Administrative Procedure Act, as originally understood? I used […]
The administrative state has often been an engine of racial inequality. It is true that federal agencies have played key roles in implementing civil rights legislation and have sometimes attempted to dismantle entrenched racial disparities. But long before the enactment of modern civil rights laws—and extending long afterward—administrative agencies have helped mark people as racially […]
I’m very excited to see SCOTUSblog teaming up with my amazing colleagues here at The Ohio State University that run the Election Law at Ohio State Program to launch a 2020 Election Litigation Tracker. Each election cycle Election Law at Ohio State has always been the place to go to get top-rate analysis, and I’m […]
The American Bar Association Section of Administrative Law and Regulatory Practice is seeking to hire a program specialist—a second administrator to help Section Director Anne Kiefer administer the programming of the Section. We are a great group of administrative lawyers and scholars, and Anne is terrific to work with. For more on the Section and […]
It has been good to read Notice and Comment’s symposium on racism in administrative power. Questions of prejudice and discrimination have long been left at the margins of the academic study of such power, and the symposium is a gratifying signal that such concerns are at last being accepted as more central. Of course, some of us have been […]
Over at the Journal of Things We Like (Lots) (Jowell), I have a short review of an important new report that the Administrative Conference of the United States (ACUS) has issued on artificial intelligence and machine learning in the federal administrative state. This report, entitled Government by Algorithm: Artificial Intelligence in Federal Administrative Agencies, was coauthored […]
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). […]
This webinar on Monday morning with EPA Administrator Wheeler looks fascinating. From the Federalist Society Regulatory Transparency Project website: In May, the Environmental Protection Agency announced a new proposed rule to “establish the procedures and requirements for how the U.S. Environmental Protection Agency (EPA) will manage the issuance of guidance documents subject to the requirements of the […]
Although scholars may not be able to see each other at conferences or other events for the foreseeable future, they can still maintain some virtual connection. The Association of American Law Schools (AALS) Section on Administrative Law continues its initiative: “Meet a Member.” The section will introduce our members from time to time, and it […]
Through its Standing Committee on Election Law, the American Bar Association is partnering with the National Association of Secretaries of State (NASS) and the National Association of State Election Directors (NASED) to rally lawyers and law students to serve as poll workers in the upcoming 2020 election. More details are available here. The Poll Worker, Esq. […]
The Tenth Circuit just granted rehearing en banc in the case of Aposhian v. Barr, a challenge to the Trump Administration’s bump stock regulation promulgated in response to the 2017 mass shooting in Las Vegas. The court has asked counsel to answer five specific questions in the briefs, including multiple fascinating inquiries related to the doctrine of Chevron deference. Courts review agency […]
Lots of great new administrative law scholarship on SSRN this summer! Here is the August 2020 Edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law eJournal, which is edited by Bill Funk. Rules, Commands and Principles in the Administrative State by Adrian Vermeule (Yale Law Journal […]
Although scholars may not be able to see each other at conferences or other events for the foreseeable future, they can still maintain some virtual connection. The Association of American Law Schools (AALS) Section on Administrative Law continues its initiative: “Meet a Member.” The section will introduce our members from time to time, and it […]