The Notre Dame Law Review hosts an annual symposium on Federal Courts, Practice & Procedure, and this year’s symposium was on the History of the APA & Judicial Review. The event was held in January 2023 at Notre Dame Law School and the print volume, which has just been published, offers a terrific set of contributions. (Having proposed the topic and served as the symposium’s faculty chair, I’m biased. But in this instance, I’m also right!)
Anyone interested in administrative procedure, judicial review, or interpretive methodology will find something to love in this volume. It begins with a keynote address from Justice Brett M. Kavanaugh, Remarks at Notre Dame Law School, 98 Notre Dame L. Rev. 1849 (2023), and contains the following contributions:
- Emily S. Bremer, The Administrative Procedure Act: Failures, Successes, and Danger Ahead, 98 Notre Dame L. Rev. 1873 (2023).
- William N. Eskridge Jr. & John Ferejohn, The APA as a Super-Statute: Deep Compromise and Judicial Review of Notice-and-Comment Rulemaking, 98 Notre Dame L. Rev. 1893 (2023).
- Christopher J. Walker & Scott T. MacGuidwin, Interpreting the Administrative Procedure Act: A Literature Review, 98 Notre Dame L. Rev. 1963 (2023).
- Ronald M. Levin, Vacatur, Nationwide Injunctions, and the Evolving APA, 98 Notre Dame L. Rev. 1997 (2023).
- Aditya Bamzai, The Path of Administrative Law Remedies, 98 Notre Dame L. Rev. 2037 (2023).
- Kristin E. Hickman & Mark R. Thomson, Textualism and the Administrative Procedure Act, 98 Notre Dame L. Rev. 2071 (2023).
- Jill E. Family, A Lack of Uniformity, Compounded, in Immigration Law, 98 Notre Dame L. Rev. 2115 (2023).
- Noah A. Rosenblum, Making Sense of Absence: Interpreting the APA’s Failure to Provide for Court Review of Presidential Administration, 98 Notre Dame L. Rev. 2143 (2023).
- Evan D. Bernick, Movement Administrative Procedure, 98 Notre Dame L. Rev. 2177 (2023).
Videos of the symposium are also available here (Justice Kavanaugh’s keynote), here (panel 1: Ferejohn, Walker, Hickman), here (panel 2: Family, Levin, Bamzai), and here (panel 3: Bremer, Bernick, Rosenblum). The authors’ remarks, panel conversations, and audience questions were excellent and add substantially to the written contributions.
Thank you, first, to the editors of the Notre Dame Law Review, for selecting my proposal and doing a fabulous job organizing the event and producing the print volume. I’d particularly like to recognize Editor-In-Chief Nicholas D’Andrea, Managing Symposium Editor Courtney Klaus, and Senior Articles Editor Joseph Graziano. Their hard work and unparalleled professionalism made the symposium a huge success! Second, I’d also like to thank Professor Kathryn Kovacs, with whom I collaborated on HeinOnline’s Bremer-Kovacs Collection: Historic Documents Related to the Administrative Procedure Act of 1946. The inspiration for the symposium was our hope to encourage others to use this resource, and Kati helped me put the proposal together. She wasn’t able to participate because she was on leave from her academic position to work in government. But she was there in spirit, if only because so many of the other authors engaged with her extensive work on the APA in both oral remarks and written contributions.