From the Duke Law Journal editors: The Duke Law Journal invites proposals for its 50th Annual Administrative Law Symposium, to be held in February 2020, at Duke University School of Law in Durham, North Carolina. The Duke Law Journal’s Administrative Law Symposium has been the premier administrative law event for over four decades. Previous symposia […]
The Census Case, argued tomorrow, could influence elections for the next decade. The decennial count forms the basis for the apportionment of congressional districts and state redistricting efforts. Suffice to say that a lot of hand-wringing goes into counting people. No wonder that litigation was swift to follow the Secretary of Commerce’s decision last March […]
Summary: Recently, in Wolk Law Firm v. U.S., — F.Supp.3d —, 2019 WL 1528433 (E.D. Pa. April 9, 2019), a federal district judge held that a passenger cell phone recording of a cockpit was a “cockpit voice and video recorder recording” that the NTSB could withhold from a FOIA requester. In doing so, the judge […]
The D.C. Circuit issued an opinion this week about legislative prayer. This prompts a question: Should I blog about it? I think the opinion is well written. I also think the subject is important. Yet the opinion hardly seems related to administrative law — and this blog is hosted by the Yale Journal on Regulation […]
2019 Spring Conference | 15th Annual Administrative Law and Regulatory Practice Institute Friday May 31, 2019 | Ritz-Carlton Pentagon City, Arlington, VA We are excited to announce that the 2019 Spring Conference, 15th Annual Administrative Law and Regulatory Practice Institute will take place on May 31st at the Ritz-Carlton Pentagon City, registration includes the full […]
Last week, the acting director of the Office of Management and Budget (OMB) issued a memorandum to all agencies regarding compliance with the Congressional Review Act (CRA). This memo supersedes one issued in 1999 and pulls independent regulatory agencies – specifically designed by Congress to be less prone to political interference than executive agencies – into a […]
Press release from the U.S. Department of Labor: WASHINGTON, DC – The U.S. Department of Labor announced that Judith S. Boggs has been assigned to chair the Department’s Benefits Review Board. Boggs assignment comes upon the departure of Betty Jean Hall, who retired as board chair on March 31, 2019. Prior to this appointment, Boggs served […]
The Office of Management and Budget issued a memo on Thursday describing its new approach to its implementation of the Congressional Review Act (CRA). Under the CRA, the Office of Information and Regulatory Affairs (OIRA) is required to determine whether agency “rules” are “major.” In this memo, OMB calls for information about economic impacts to inform its […]
After two years in office, the numbers are clear. The Trumps administration has accomplished an astonishing rate of deregulation of public health and environmental protections. When the president issued Executive Order 13771 (entitled “Reducing Regulation and Controlling Regulatory Costs”), he announced a goal of requiring all federal agencies to embark on two deregulatory actions for […]
Part III—The Role of the Courts Much as agencies prepare higher quality RIAs when Congress issues relatively specific instructions directing them to perform certain types of economic analysis and to take account thereof when issuing proposed rules, the courts also more carefully scrutinize agencies’ rulemaking records in the face of such specific statutory language. In […]
At first blush, it may look like we had a busy week in the D.C. Circuit: But not really. Four of our entries are about amending prior opinions — and the amendments are not earth-shattering. In Reid v. Hurwitz, Judge Katsas clarified: “Reid was convicted of robbing a convenience store at gunpoint.” And in National […]
Part II—The Role of Congress Under traditional principal-agent conceptions of the administrative state, Congress is responsible for making policy decisions (legislating) and agencies are then responsible for filling in the details and carrying out Congress’s intent (administering). With the decline of the nondelegation doctrine, that neat distinction has become hopelessly outdated. When Congress provides directives […]
The House of Representatives on Wednesday passed the Save the Internet Act of 2019. In broad strokes, the bill would restore the Obama-era FCC’s order that classified Internet service providers as “telecommunications carriers” subject to regulation under Title II of the Communications Act and imposed a set of net neutrality rules on ISPs pursuant to […]
I have been engaged in a review of documents that in my opinion constitute the travaux préparatoires to the 1967 Refugee Protocol. This repository is unexpectedly rich, and in the preceding three blog posts devoted to this research, I have made a number of claims about its historical, political, sociological and legal importance. First, these […]
Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” On 28th March, in a thoughtful concurring opinion to Aguirre Barbosa v. Barr, Judge Marsha Berzon “join[ed] the chorus of voices calling for renewed consideration as to whether the phrase ‘crime involving moral […]