Today’s Ad Law Reading Room entry is “Protecting Perkins: Removal, Supervision, and Article II,” by Amy J. Wildermuth and Peyton C. Baker. Here is the abstract: With the Supreme Court almost certain to invalidate statutory removal restrictions protecting most principal officers, administrative law scholars’ gaze has turned to lower levels of the federal bureaucracy (see, […]
It’s spring and hope springs eternal. We are playing baseball again, Bryce Harper is emerging from a slump, the Nats are only 2 games out of first place (of course, they’ve played only 15 games), and the D.C. Circuit handed down five decisions this week in which there was only a single dissent! The partisans among […]
The George Washington Law Review invited me to pen the foreword to its annual administrative law issue this year, and I decided to use the opportunity to think a bit bigger about the future of administrative law. I’ve posted to SSRN a draft of that foreword, entitled Proportionality in Administrative Law. I’m honored to share […]
Several years ago, Anna Shavers and Matt Wiener agreed to put together an edited volume on the leading cases in administrative law. The ABA Section of Administrative Law and Regulatory Practice assembled a case selection committee and then invited nearly forty scholars in the field to contribute a chapter. During the editing process, my dear […]
The ABA Administrative Law and Regulatory Practice Section’s Spring Conference will feature these hot-topic CLE programs on Friday, May 8: Join us in Washington, D.C., for these programs and academic workshops featuring new articles presented on Thursday, May 7. Registration fees for the conference are as follows: For full details and registration, visit here.
From Oren Tamir and the Comparative Administrative Law Listserv:
There are different types of law review articles. But over the years I have had a handful that I call my “mad scientist” papers. These papers spring from ideas that honestly seem a bit preposterous when they come into my mind but have enough heft that I play around with them to see if they […]
We’re now over a month into the second shutdown of the second Trump administration. What have we learned? Mainly that the problem of “separation of parties, not powers” is growing worse and, in consequence, Congress’s power of the purse may be unravelling. Shutdowns happen because of time-limited appropriations. By providing funds to most agencies for […]
In Intuit, Inc. v. FTC, the Fifth Circuit held that the FTC’s internal adjudication “of a deceptive advertising claim . . . violated the separation of powers.” The decision is a major win for the conservative legal movement, which has long fought to curb the administrative state. Time will tell whether it is a loss for the […]
Here is the list of works included in the March 2026 Comparative Administrative Law Scholarship Corner, which is curated by Eduardo Jordão (FGV Law School, Rio de Janeiro), with the assistance of Eduarda Onzi. The Scholarship Corner is a resource provided through the Comparative Administrative Law listserv. For more information about this terrific resource, check out my first […]
On February 20, the Trump administration announced the imposition of tariffs pursuant to Section 122 of the Trade Act of 1974, a section designed to counteract balance-of-payments crises. A number of helpful articles have since appeared to explain that a trade deficit is not the same thing as a balance-of-payments deficit, let alone the sort of fundamental international payments […]
Aaron Nielson and I have posted to SSRN a draft of a new paper, entitled Article II and the Civil Service, which is forthcoming in the Virginia Law Review. Here’s the abstract: The federal government employs more than two million civil servants. Most are hired through a competitive process centered on competence and cannot be […]
Today’s Ad Law Reading Room entry is “Making Broadcast Content Regulation Aggressive Again,” by Stuart Minor Benjamin. Here is the abstract: The Federal Communications Commission has statutory authority over broadcasting that far exceeds any governmental authority over online platforms, cable television, or newspapers: Every license renewal or transfer depends on the FCC’s determination that it […]
For the first time in American history, the Supreme Court is poised to decide what it means for the president to remove a principal officer “for cause.” The case—which arises from the attempted removal of Lisa Cook, a member of the Board of Governors of the Federal Reserve System—has major implications for central bank independence […]
Lost in the extensive coverage of the Supreme Court’s February 20, 2026 opinion invalidating most of President Trump’s tariffs was the fact that there were two related cases before it[1] and that it had entirely dismissed one of them. The lead case, in fact. That coverage gap is understandable. The only mention the Court makes […]