Over at the Law and Liberty blog today, I have a post with a provocative (click-baity?) title on Kent Barnett, Christina Boyd, and my new paper Administrative Law’s Political Dynamics (Vanderbilt Law Review forthcoming). Here’s a snippet from my post: The call to eliminate Chevron deference has largely come from those right of center. But it would […]
Starting today, for the next two weeks the Notice & Comment blog will run a symposium addressing the Supreme Court’s upcoming consideration of the constitutionality of hiring procedures for administrative law judges in the Securities and Exchange Commission. On Monday, April 23, the Supreme Court will hear oral argument in Lucia v. SEC, which raises […]
If the Supreme Court decides in Lucia v. SEC that the SEC’s administrative law judges are officers, what are the implications on other cases at the SEC (or similarly situated agencies)? The effect will likely differ depending on whether other cases have become final or are still pending before the agency or a court. Here, […]
In February, I submitted an amicus brief to the Supreme Court in the case Lucia v. SEC, arguing that the original public meaning of the term “Officer(s) of the United States” referred to any government employee exercising non-negligible federal power. While I submitted the brief on behalf of a fifteen corpus linguistics scholars, in a […]
Many jurisdictions seek to protect undocumented aliens by adopting “sanctuary” policies. Those policies generally constrain the conduct of a state or local government’s own employees. They (1) prohibit public employees from gathering information on the immigration status of those with whom they interact, (2) limit public employees from sharing any such information collected with ICE, […]
It’s hard to be a parent. Kids these days, after all, confront an avalanche of messages. How are they supposed to process a world where so much is happening so quickly? Plus media is no help. Even child-friendly content can be surreal. And don’t get me started on today’s music! “Rolly, Rolly, Rolly,” indeed. Sometimes, […]
From my inbox: We want to invite you to join us for our next program, the 2018 Spring Conference (14th Annual Administrative Law and Regulatory Practice Institute), on April 27, 2018 at the Park Hyatt in Washington, DC. The Spring Conference will feature a full-day of CLE panels with the top experts covering: Rulemaking 101- […]
In a recent post, Nicholas Bagley reported on the latest challenge to the Affordable Care Act. On February 26th, twenty states filed a lawsuit alleging that the individual mandate is unconstitutional. Right away, you might be wondering about two questions: Didn’t Congress repeal the individual mandate in the Tax Cuts and Jobs Act back in […]
The decennial Census is a high-stakes feat. It informs government spending, business planning, and congressional apportionment. No wonder the Census Bureau takes such great pains with each question. After all, when you ask only ten questions or so, you’ve got to make them count (pun intended). You can almost hear the bureaucratic hand-wringing in the […]
This week the amicus appointed to advocate for the lower-court judgment in Lucia v. SEC filed his brief. The case addresses whether administrative law judges in the SEC are Article II “Officers of the United States” subject to the Constitution’s Appointments Clause requirements. U.S. Const. art. II, § 2. Court-appointed amicus, Mr. Metlitsky, technically supports […]
The Administrative Conference’s work on its spring projects is well underway. In recent days, additional meeting dates, and new draft reports, draft recommendations, and written member comments have been posted for several of the projects under consideration. These include: (1) an additional meeting for the project on Administrative Judges; (2) a new meeting date and draft […]
Regular readers of this blog may have been following along with us here at “Notice and Comment” as we have reported on the twists and turns of litigation challenging the constitutionality of hiring procedures for administrative law judges in the Securities and Exchange Commission. On April 23, the litigation’s fascinating path will culminate in Supreme […]
Regulation by litigation has been the dominant regulatory modality in U.S. corporate law for over a century. But that model is in crisis. The shareholder suit, the trigger of the state law-dominated, fiduciary duty-based model of regulation, has been drawn into disrepute. The crisis is most apparent in merger suits, which have been brought against […]
Apologies. This post is another quick one — sono occupato. A few months back my duteous research assistants* put together a list of D.C. Circuit law clerks who became law professors. Since then, they have kept at it. Although it also is no doubt incomplete, here is an updated list: It’s a noteworthy list, especially […]
Earlier this week, in response to concerns that President Trump might fire Special Counsel Robert Mueller, Republican Senators Jeff Flake and Lindsey Graham warned that such a move might precipitate impeachment. Of course, Senators cannot impeach the president. The power of impeachment lies solely with the House. Current conventional wisdom suggests that the House of […]