Notice & Comment

Notice & Comment

Notice & Comment

“Deconstructing” the Administrative State …

As Chris notes, Dædalus — the Journal of the American Academy of Arts and Sciences — today published a special issue on the future of the administrative state.  The issue’s title is The Administrative State in the Twenty-First Century: Deconstruction and/or Reconstruction. I’m grateful they asked me to participate. My essay is entitled Deconstruction (Not Destruction). Many […]

Notice & Comment

New Dædalus Issue Exploring the Future of the Administrative State

Dædalus, The Journal of the American Academy of Arts and Sciences, just published a fascinating special issue that explores the future of the administrative state. Mark Tushnet organized the issue, and it includes contributions from Bernie Bell, Cary Coglianese, Susan Dudley, Sean Farhang, Jeremy Kessler, David Lewis, Michael Neblo, Aaron Nielson, Beth Simone Noveck, Neomi […]

Notice & Comment

Free ABA AdLaw Section Webinar Tomorrow, 6/16, Noon Eastern: FOIA Challenges in Immigration

The ABA Administrative Law Section’s Government Information & Right to Privacy Committee Presents FOIA Challenges in Immigration Wednesday, June 16, 2021, 12:00-1:30 pm ET Participants: Emily Creighton; Legal Director, Transparency; American Immigration Council Claudia Valenzuela; Managing Attorney; Immigration Legal Defense Bradley White; Senior Director of Privacy Policy and Oversight; Department of Homeland Security Abioye Mosheim […]

Notice & Comment

DOJ: Executive Supervision or Independence? Virtual panel discussion on June 17 @ noon ET with former senior officials from four administrations

On June 17, a powerhouse lineup of former White House and DOJ officials will discuss one of the most pressing issues in presidential administration of late – is the nation’s chief law enforcement, and law interpretation, agency run most soundly if it is subordinate to the Chief Executive or independent?  The Federalism & Separation of […]

Notice & Comment

A FOIA Window into Court-Agency Dialogue on Judicial Remand

Back in 2014, I published my first full-length law review article as a member of The Ohio State University law faculty—The Ordinary Remand Rule and the Judicial Toolbox for Agency Dialogue—in the George Washington Law Review. In that article, I looked at some four-hundred published circuit-court opinions that dealt with administrative law’s remand rule in […]

Notice & Comment

Do you C what I C? – CIC Services v. IRS and Remedies Under the APA, by Mila Sohoni

The Supreme Court recently decided CIC Services v. Internal Revenue Service, 593 U.S. __ (2021). Commentators on Notice & Comment and elsewhere have already discussed this decision’s implications for the Anti-Injunction Act and challenges to federal taxes. What has apparently gone unnoticed, however, is what the Court’s decision implies for the Administrative Procedure Act and […]

Notice & Comment

Friday, June 11, 2011: The 75th Anniversary of the APA: The George Mason Law Review’s 3rd Annual Symposium on Administrative Law

This will be my first in-person conference since February 2020, and I’m excited to celebrate the Administrative Procedure Act at 75 and discuss my contribution to the George Mason Law Review symposium issue, The Lost World of the Administrative Procedure Act: A Literature Review. It’s not too late to register to join us at the […]

Notice & Comment

Andrew Hammond (U Florida) Receives ACS’s 2021 Richard D. Cudahy Writing Award on Regulatory and Administrative Law

I am so thrilled to hear that Andrew Hammond‘s article Litigating Welfare Rights: Medicaid, SNAP, and the Legacy of the New Property was selected for the prestigious Cudahy Award this year. Congrats to Andrew (as well as the Northwestern University Law Review editors for publishing the article)! Congrats also to Joseph Daval on winning in […]

Notice & Comment

Towards a Definition of a FOIA “Record”: The D.C. Circuit’s Decision in Cause of Action Institute v. Department of Justice, by Ryan P. Mulvey & James Valvo, III

The Freedom of Information Act (“FOIA”) provides the public with access to “records” of the Executive Branch.  It does not provide for disclosure of “information” in the abstract.  Surprisingly, however, the definition of a “record” has never been established, despite the seeming inclusion of such a definition at Section 552(f)(2)(A).  And although there is no […]