Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” This month, we’re going to take a deep dive into a hot-button issue: nationwide preliminary injunctions. Let’s get straight to business. Surveying the Schizophrenic Law of the Circuit on Universal PIs Prior to the Trump-era, august principles of […]
The days of the Senate filibuster are likely numbered. Recently, President Obama called for eliminating the filibuster as a relic of Jim Crow. Likewise, President Trump has repeatedly called for eliminating the filibuster, and Joe Biden has indicated openness to eliminating the filibuster. If the Senate were to eliminate the filibuster, this is not the […]
The US border is now officially closed to everyone, unless the crossing falls under the rather ill-defined category of “essential.” This move is officially described as a public health response to the spread of Coronavirus, but it also happens to coincide with the Trump administration’s frequently stated view that the country is “full.” Furthermore, it […]
I was interested to see that a number of law professors filed comments in response to OMB’s request for information on “Reforming Regulatory Enforcement and Adjudication,” which notice you can find here. OMB expressed its concern that agency adjudications in a number of different ways lacked sufficient process, and invited people to weigh in. In […]
by Peter Conti-Brown, Kristina Daugirdas, Daniel E. Ho, Anne Joseph O’Connell, and Nicholas R. Parrillo The field of administrative law has lost one its most important and beloved figures, Judge Stephen F. Williams of the D.C. Circuit, who died on Friday at 83. Since his appointment by President Reagan in 1986, Williams held a reputation […]
Last week, Jeff Clark, the Assistant Attorney General of the Environment and Natural Resources Division (ENRD), delivered a fascinating speech at the Case Western Reserve University’s Burke Center for Environmental Law. Video of his remarks is here. Among other things, Clark discussed Justice Department guidance he issued the week before concerning supplemental environmental projects (SEPs) […]
Government Personnel Committee Presents Latest Federal Sector Developments at the Equal Employment Opportunity Commission Office of Federal Operations” Thursday August 20, 2020 12 pm – 1:30 pm Eastern Time via Zoom Please join us for a discussion about the latest developments at the EEOC Office of Federal Operations, including a review of significant cases decided […]
In late January 2020, the Trump Administration proposed new regulations to define “controlled by a religious organization” for purposes of religious exemption to Title IX. The proposed regulations eviscerate the common meaning of control and ignore the grammatical structure of the phrase “by a religious organization.” The new definition would expand the scope of religious […]
I’ve often said that this is the greatest opening line in the history of the D.C. Circuit: “In the Spring of 1985, as Mikhail Gorbachev was assuming the duties of General Secretary and inaugurating perestroika, the Federal Energy Regulatory Commission launched its own restructuring of the natural gas industry.” The sentence reflects the best of the […]
It’s always of interest when the Supreme Court takes up an issue on which one has expended substantial scholarly ink. Such is the case for me with Trump v. Pennsylvania and its companion, Little Sisters of the Poor v. Pennsylvania. The Court in this case granted certiorari to address three separate and distinct questions. As […]
From time to time, I like to play the * Game here at D.C. Circuit Review — Reviewed.* The game comes from the D.C. Circuit rule that “an asterisk may be placed next to those authorities on which the brief principally relies, together with a notation at the bottom of the first page of the table […]
This week’s Supreme Court decision in Guerrero-Lasprilla v. Barr does more than subject the Board of Immigration Appeals to broader judicial review over the removal of criminal aliens. It offers clues to Thryv v. Click-to-Call Technologies, an important patent law case that is now before the Court—and that was, in fact, argued the same day […]
As I blogged about earlier this week, the Administrative Conference of the United States, along with George Mason University’s C. Boyden Gray Center for the Study of the Administrative State and the Center for Progressive Reform, are hosting a four-part, virtual Symposium on Federal Agency Adjudication this month. On Tuesday, August 11th, from 2:00-3:30PM, I’ll be participating on the […]
In the Spring 2020 issue of Regulation magazine, Jonathan Adler and I have a short essay entitled Nondelegation for the Delegators. This essay previews our longer law-review article Delegation and Time, which is forthcoming in the Iowa Law Review and was the subject of a terrific series over at The Regulatory Review earlier this month. […]
Introduction In 2011, researchers found significant disparities in the National Institutes of Health (NIH) funding of minority researchers. In particular, their study determined that—even after controlling for education, country of origin, training, previous research awards, publication records, and employers—“[B]lack applicants remain 10 percentage points less likely than whites to be awarded NIH research funding.” This study spurred the […]