This post is part of Notice & Comment’s symposium on Joshua D. Blank and Leigh Osofsky’s Automated Agencies: The Transformation of Government Guidance. For other posts in the series, click here. In Automated Agencies, Professors Blank and Osofsky offer “the definitive account of how automation is transforming government explanations of law to the public,” as the book’s description […]
This post is part of Notice & Comment’s symposium on Joshua D. Blank and Leigh Osofsky’s Automated Agencies: The Transformation of Government Guidance. For other posts in the series, click here. It is a pleasure to participate in this symposium on Josh Blank’s and Leigh Osofsky’s excellent new book, Automated Agencies. Their work intersects in significant and interesting […]
This post is part of Notice & Comment’s symposium on Joshua D. Blank and Leigh Osofsky’s Automated Agencies: The Transformation of Government Guidance. For other posts in the series, click here. Automated Agencies: The Transformation of Government Guidance, by Joshua D. Blank and Leigh Osofsky, is part of the authors’ larger study of informal legal guidance, such as […]
This post is part of Notice & Comment’s symposium on Joshua D. Blank and Leigh Osofsky’s Automated Agencies: The Transformation of Government Guidance. For other posts in the series, click here. In Automated Agencies: The Transformation of Government Guidance, the authors make a strong case for a principled approach toward agencies’ use of automated guidance; such an approach […]
This post is the first contribution to Notice & Comment’s symposium on Joshua D. Blank and Leigh Osofsky’s Automated Agencies: The Transformation of Government Guidance. For other posts in the series, click here. In a 1990 episode of the sitcom Roseanne, Roseanne and Dan Conner (played by Roseanne Barr and John Goodman) are frantically working on […]
Last week, the D.C. Circuit released an opinion deferring to the Federal Energy Regulatory Commission in light of Seven County Infrastructure Coalition v. Eagle County; an opinion deferring to the FBI in a Freedom of Information Act case; an opinion vacating a FERC order that departed from the cost-causation principle; an opinion on standing; and an […]
Today’s Ad Law Reading Room entry is “Remedies in the Officer Removal Cases,” by Samuel L. Bray. Here is the abstract: When a federal officer challenges her removal by the president, what forms of interim relief and what final remedies are available? This Article considers those questions. It shows that the appropriate remedy for a […]
Since well before Donald Trump first became President, Congress and the President have had great difficulties reaching agreement on spending levels and allocations. Single appropriations bills sometimes are enacted, but almost every year in recent memory, Congress has had to resort to short term continuing resolutions, not just one at the beginning of a fiscal […]
Last week at the D.C. Circuit was one of unanimous published opinions in four administrative law cases, which highlighted the principle that scientific determinations are due significant deference, the requirement that agencies reasonably explain the regulatory lines they draw, and the importance of addressing reliance interests when changing policy. Novartis Pharmaceuticals Corp. v. Kennedy was […]
Here is the list of works included in the September 2025 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 […]
This post concludes Notice & Comment’s symposium on Peter Conti-Brown and Sean Vanatta’s Private Finance, Public Power: A History of Bank Supervision in America. For prior posts in the series, click here. In December 1863, the first Comptroller of the Currency, Hugh McCulloch, offered the government’s aid to bankers who would join the new national banking system: “The […]
Arriving later than normal, here is the August 2025 Edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law eJournal, which is edited by Bill Funk. For more on why SSRN and this eJournal are such terrific resources for administrative law scholars and practitioners, check out my first post on […]
Introduction Does the federal government have the power to punish broadcasters, by exercising its power over their licenses to use the airwaves, for speech the government does not like, including speech that criticizes the government? With increasing threats, from both the President and the Chair of the Federal Communications Commission (FCC), to do just that, […]
We live in a digital economy powered by data and algorithms, and two federal courts have found Google monopolizing fundamental digital markets. These courts now face a rare opportunity: to remedy Google’s monopolization conduct, and to shape the rules of fair competition in data-driven markets—including those underpinning artificial intelligence (AI). Last week, one of these […]
As this blog has observed, SEC v. Jarkesy is as much about Article III as it is about the Seventh Amendment. The Supreme Court there confirmed that if a case concerns private rights, a respondent is presumptively entitled to an Article III court. An agency may not funnel a civil prosecution through in-house administrative proceedings […]