Notice & Comment

N&C 2022 Retrospective

Greetings, All! My name is Elaine Hou, and I am the current student editor for Notice & Comment and the online director for the Yale Journal on Regulation Volume 40. It has been a pleasure and a privilege to serve in this role and to work with our authors and contributors! As I begin to wrap up my tenure here, I would like to extend my profound appreciation to Prof. Chris Walker and my predecessor Emile Shehada for their tireless guidance and support.

Notice & Comment has had a remarkable year! Here, I reflect on highlights from throughout the year. For the sake of finalizing this before the winter holidays, I am only looking at data from January 1, 2022 to December 9, 2022 (49 weeks).

A Bird’s-Eye View of N&C in 2022

This year, we anticipate that N&C will have over 300,000 page views! Below is a graph of our monthly page views.

In 2022, N&C had a total of 273 posts, 140 by our 20 N&C bloggers and 133 by 112 guest authors! As you can see, our most prolific author was none other than our very own Chris Walker! The D.C. Circuit Review—Reviewed remains one of N&C‘s most important popular and important series, so special thanks to those contributors (Aimee Brown, Seth Davis, Thomas Griffith, Hyland Hunt, Aaron Nielson, and Haley Proctor).

Most Viewed Posts of 2022

Here are the most viewed posts that were published in 2022:

  1. What American Hospital Association v. Becerra Means for the Future of Chevron Deference: Probably Not Much, by Christopher J. Walker
  2. Limiting Agency Head Review in the Design of Administrative Adjudication, by Rebecca Eisenberg and Nina Mendelson
  3. The Major Questions Doctrine Reading List, by Beau J. Baumann
  4. Administrative Agencies and the Supreme Court’s Appellate Jurisdiction, by Aditya Bamzai
  5. Prosecutorial Discretion in the Biden Administration: Part 5, by Shoba Sivaprasad Wadhia
  6. Thoughts on West Virginia v. EPA, by Kristin E. Hickman
  7. There Are Three Major Questions Doctrines, by Eli Nachmany
  8. Chevron’s Latest Step, by Nicholas Bednar
  9. Antitrust Concerns on Firing U.S. News & World Report, by Daniel A. Crane
  10. Why Does Congress Want to Break Amazon Prime?, by Lawrence J. Spiwak

Symposia of 2022

Here are the symposia that N&C hosted during 2022:

Symposium on Margaret Kwoka’s “Saving the Freedom of Information Act”: Margaret Kwoka’s book Saving the Freedom of Information Act presents an empirical analysis of how FOIA has—and has not—been used to serve the public’s best interests. Thanks to Prof. Christina Koningisor for organizing this symposium.

Symposium on the Decisional Independence of Administrative Adjudicators: Multiple contributors provide their recommendations and insights on how to reform APA, with a focus on the decisional independence of ALJs. Thanks to Prof. Emily Bremer for organizing this symposium.

Symposium on William Novak’s “New Democracy: The Creation of the Modern American State”: William Novak’s book New Democracy contends that the modern-day American regulatory state took root long before the New Deal. Thanks to Prof. Nicholas R. Parrillo for organizing this symposium.

Symposium on Peter Shane’s “Democracy’s Chief Executive”: Peter Shane’s book Democracy’s Chief Executive explores how the rise of expansive executive authority and how it does—and does not—align with constitutionalism. Thanks to Prof. Andrea Scoseria Katz for organizing this symposium.

Symposium on Jed Stiglitz’s “The Reasoning State”: Jed Stiglitz’s book The Reasoning State makes the case that the legislature commits problems to the administrative state, which attains its legitimacy through reasoning and competition. Thanks to Prof. Bridget C.E. Dooling for organizing this symposium.

Parting Thoughts

This has been a prolific year for N&C, and we’re hoping to continue and expand our mission of providing high-quality analysis of the latest developments in administrative law. (Keep an eye out – we already have a few symposia lined up for 2023!) Of course, we are immensely grateful to our contributors for their scholarship and insights—you make N&C a reality. We greatly appreciate the partnership between the Yale Journal on Regulation and the ABA Section of Administrative Law and Regulatory Practice; we attribute N&C’s success to how this partnership fosters discussions and connections among law students, academics, and administrative law practitioners. Additionally, we would like to express gratitude to Davis Polk & Wardwell LLP, our long-term sponsor who makes this blog possible in part through their generous support.

And last but not least, we thank our many readers for their engagement with the administrative law community. I wish you all a wonderful end of 2022 and an auspicious welcome to 2023!

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