Notice & Comment

Hastings Law Journal Symposium Issue: Administrative Law in the Age of Trump

As I blogged about back in February, the Hastings Law Journal hosted a terrific live symposium on February 21st (the last time I traveled anywhere outside central Ohio for work) on Administrative Law in the Age of Trump. The law journal editors were absolutely fantastic, and the print issue from that symposium has now been published, with the all symposium essays collected here.

Here are the links to the various written contributions:

Uncooperative Environmental Federalism 2.0

Jonathan H. Adler Volume 71, Issue 5, 1101-1126

As a presidential candidate, Donald Trump promised to curtail federal environmental regulation and empower the states. Has the Trump Administration made good on these pledges to reinvigorate cooperative federalism and…

How Much Procedure Is Needed for Agencies to Change “Novel” Regulatory Policies?

Ming Hsu Chen Volume 71, Issue 5, 1127-1142

The use of guidance documents in administrative law has long been controversial and considered to be one of the most challenging aspects of administrative law. When an agency uses a guidance document to change or make…

Exceptional Circumstances: Immigration, Imports, the Coronavirus, and Climate Change as Emergencies

Daniel A. Farber Volume 71, Issue 5, 1143-1176

President Trump has used emergency powers to achieve key parts of his policy agenda, exemplified by his travel ban, funding for the border wall, and tariffs on many imports. He has also declared the 2020 coronavirus…

Statutory Purpose in the Rollback Wars

Alice Kaswan Volume 71, Issue 5, 1177-1206

The Trump Administration has been rolling back environmental and other regulations at a rapid rate. Each time, they are called upon to interpret their authorizing statutes. As they reverse previous administrations’…

Sticky Regulations and Net Neutrality Restoring Internet Freedom

Aaron L. Nielson Volume 71, Issue 5, 1207-1224

Stable law is valuable, yet also remarkably lacking in our nation’s internet policy. Over the last two decades, the Federal Communications Commission (FCC) has charted a zigzagging course between heavier and lighter…

Operationalizing Internal Administrative Law

Christopher J. Walker & Rebecca Turnbull Volume 71, Issue 5, 1225-1248

As part of the Hastings Law Journal’s Administrative Law in the Age of Trump Symposium, this Essay argues that administrative law should stop fixating on federal courts. While court-centric…

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