This post is part of Notice & Comment’s symposium on Peter Conti-Brown and Sean Vanatta’s Private Finance, Public Power: A History of Bank Supervision in America. For other posts in the series, click here. Private Finance, Public Power, by Peter Conti-Brown and Sean Vanatta, is a contribution to the history of the administrative state, in addition to the […]
As technology advances, each new development often builds on what came before. The growing flood of data from connected devices has opened new opportunities for companies to target people with increasing precision. Over the past century, advertising and pricing have followed this trajectory, moving through four distinct phases: from broad, mass-market strategies to today’s highly […]
This post is part of Notice & Comment’s symposium on Peter Conti-Brown and Sean Vanatta’s Private Finance, Public Power: A History of Bank Supervision in America. For other posts in the series, click here. The goal of scholarship in law, in economics, or in general should be to expand our understanding of the world. Peter Conti-Brown and Sean […]
This post is part of Notice & Comment’s symposium on Peter Conti-Brown and Sean Vanatta’s Private Finance, Public Power: A History of Bank Supervision in America. For other posts in the series, click here. Peter Conti-Brown and Sean Vanatta’s Private Finance, Public Power: A History of Bank Supervision in America is ambitious in its temporal sweep, extending from […]
Today’s Ad Law Reading Room entry is “Officers at Common Law,” by Nathaniel Donahue, which is forthcoming in the Yale Law Journal. Here is the abstract: The Framers of the federal Constitution said almost nothing about how subordinate officers would be held accountable. This Article provides one overlooked explanation for this longstanding puzzle. The Constitution […]
This post is part of Notice & Comment’s symposium on Peter Conti-Brown and Sean Vanatta’s Private Finance, Public Power: A History of Bank Supervision in America. For other posts in the series, click here. Reading Peter Conti-Brown and Sean Vanatta’s rich history of banking supervision in the U.S., I was prompted to ask myself whether there is a […]
Two cases in the D.C. Circuit last week continue the drama created by the Trump Administration’s muscular and maximalist views of Executive power. Another was less dramatic. Shira Perlmutter began serving as Register of Copyrights and Director of the U.S. Copyright Office, a position housed within the Library of Congress and appointed and supervised by […]
This post is part of Notice & Comment’s symposium on Peter Conti-Brown and Sean Vanatta’s Private Finance, Public Power: A History of Bank Supervision in America. For other posts in the series, click here. Peter Conti-Brown’s and Sean Vanatta’s excellent history of bank supervision, Private Finance, Public Power, arrives at a crucial moment. Supervisory discretion is facing an […]
The Department of Government Efficiency’s effect on executive agencies last spring was swift. DOGE teams hopped from agency to agency, terminating thousands of grants worth billions of dollars. From medical labs to art museums, grantees of all stripes sprinted to the courthouse in a bid to salvage their funding. Judges are now facing an onslaught […]
This post is part of Notice & Comment’s symposium on Peter Conti-Brown and Sean Vanatta’s Private Finance, Public Power: A History of Bank Supervision in America. For other posts in the series, click here. The administrative state is again at a cross roads. The Supreme Court seems poised to continue its march toward trying to fit all of […]
This post introduces Notice & Comment’s symposium on Peter Conti-Brown and Sean Vanatta’s Private Finance, Public Power: A History of Bank Supervision in America. For other posts in the series, click here. Bank supervision resists easy categorization. Sometimes, supervisors resemble cops on the beat, enforcing laws and pursuing violators. At other times, they are akin […]
The Trump administration’s long-running effort to cancel certain foreign aid is back on the Supreme Court’s emergency docket. In Trump v. Global Health Council, the government is seeking to stay an injunction that requires it to obligate some $10.5 billion in aid money before the money expires at the end of the fiscal year on […]
Should a court dismiss a lawsuit challenging a federal agency’s action because a tribal authority is a Rule 19 “required party,” Fed. R. Civ. P. 19(a), not subject to mandatory joinder due to tribal sovereign immunity? This question is raised in a currently pending certiorari petition. Maverick Gaming LLC v. United States, Dkt. No. 24-1161 […]
The Tucker Act has been in the news a lot lately, as a centerpiece of litigation over various Trump Administration grant terminations. The Tucker Act requires parties with contract claims against the government to bring those claims in the Court of Federal Claims. The Court of Federal Claims can award damages, but unlike a federal […]
There’s a saying among Fifth Circuit clerks, practitioners, and court-watchers: “Hated, adored, never ignored.” But when it comes to administrative law, that last part hasn’t really been true lately. In recent months, the flow of administrative and regulatory opinions from the Fifth has slowed to a crawl. The reason is pretty simple: politics. During the […]