Following up on my post about a Congressional hearing on regulatory reform before the U.S. Senate Committee on Homeland Security and Governmental Affairs Subcommittee on Regulatory Affairs and Federal Management (RAFM), two new bills were introduced on May 13. Both bills grew out of that hearing (video & written testimony available on the HSGAC website). The Early […]
Over the last few weeks, Notice and Comment has hosted a symposium with contributions from fourteen scholars on the binding power of federal agency guidance, using as a focal point my article “Federal Agency Guidance and the Power to Bind,” recently published in the Yale Journal on Regulation. The contributions, many of which draw from […]
Here is the April 2019 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. Neoclassical Administrative Law by Jeffrey A. Pojanowski (Harvard Law Review forthcoming) [CJW Note: I read an earlier draft of this paper for our Third Annual Administrative Law […]
Much of a senator’s influence comes from the power to say no. Part of this traditional influence are the blue-slip and hold processes. The blue-slip process has historically required each home-state senator to return a “blue slip” stating that the senator supports a judicial nominee before the Senate will consider a nominee. Likewise, a hold has historically […]
The D.C. Circuit is a fascinating court. If you don’t believe me, you probably aren’t reading this post. If you are reading this post and you still don’t believe me, you will soon. That said, the D.C. Circuit is a quirky court. Its docket is odd. There are some criminal appeals (as you’ll see from […]
Summary: This three-post series discusses Citizens for Responsibility & Ethics in Wash. v. U.S. Dep’t of Justice, which affirmed dismissal of a suit to require publication of all Office of Legal Counsel (“OLC”) opinions. This final post offers tentative thoughts on the applicability of FOIA’s affirmative disclosure requirements to OLC opinions. Some Thoughts on Whether […]
Time is funny. I clerked on the D.C. Circuit ten years ago. A decade is a long time — but it sure doesn’t feel like it. From my clerkship days, I remember the judges. I remember the cases. In fact, I even remember some of the oral arguments. Yet I can’t escape reality: The 2019 […]
We are two weeks away from the ABA AdLaw Section’s 15th Annual Administrative Law & Regulatory Practice Institute. Our annual spring conference is a lighter, one-day conference, which focuses on 101 topics and current developments in administration law. The annual fall conference, by contrast, is our two-day extravaganza with dozens of panels on basic and […]
Summary: This three-post series discusses Citizens for Responsibility & Ethics in Wash. v. U.S. Dep’t of Justice, a recent D.C. Circuit opinion affirming dismissal of a suit seeking to require publication of all Office of Legal Counsel (“OLC”) opinions. This post critiques the decision. In Citizens for Responsibility & Ethics in Wash. v. U.S. Dep’t […]
(Cross posted from Objective Intent) Recently I spoke at the annual meeting of the Food and Drug Law Institute (FDLI) on Eagle v. Azar, which is currently on appeal to the D.C. Circuit. At first blush the case seems of limited importance, because Eagle Pharmaceuticals is simply challenging FDA’s interpretation of statutory language that has […]
I have learned a lot from the articles in which Nick Parrillo summarized and built on the valuable empirical study of guidance documents that he conducted for ACUS and from the many comments on Nick’s work that scholars have published in the Notice and Comment symposium on Nick’s work. I hope to add to that […]
For an event honoring the scholarship of Professor Bill Funk, another contributor to this on-line symposium, I have written an essay, Domesticating Guidance, summarizing my thinking about the use and misuse of agency guidance documents. No one doubts that that the soft law of guidance documents, which do not require notice and comment under the […]
Summary: This three-part series discusses a recent D.C. Circuit opinion affirming dismissal of a claim that FOIA mandates publication of all Office of Legal Counsel (“OLC”) opinions. This post summarized OLC’s publication practices and the D.C. Circuit case — Citizens for Responsibility & Ethics in Wash. v. U.S. Dep’t of Justice. Succeeding posts will critique […]
Summer is nearly here, and for fellow tax nerds in need of beach reads, I’ve assembled a list of the 50 most widely cited tax law journal articles. The list is inspired by (and uses the same methodology as) Fred Shapiro and Michelle Pearse’s essay, The Most-Cited Law Review Articles of All Time. The list […]
I wish Archie Harrison Mountbatten-Windsor a long and happy life. But I don’t want to hear about it. Over 60 million people live in the United Kingdom. I know a fraction of a fraction of a single percent of them. Yet for some reason, Americans know a great deal about young Mr. Mountbatten-Windsor. And by […]