Part I—The Rise of Regulatory Impact Analysis The concept of disciplining regulatory choices through the application of benefit-cost analysis to regulatory decisionmaking is largely an American innovation. As Jim Tozzi has shown, the idea of economic assessment of proposed rules goes back to the Johnson Administration. Presidents Carter and Reagan issued the executive orders that […]
Sorry, another week of traveling! The big news this week in the D.C. Circuit involves the Bump-Stock Rule — which has been to the Supreme Court this week too. The D.C. Circuit issued its opinion in Guedes v. ATF on Monday (which is unusual). Given that almost an entire week has gone by, you probably […]
The Administrative Conference of the United States kicks off its spring committee meetings schedule this week, with new projects on: (1) Agency Guidance Through Interpretive Rules; (2) Public Availability of Agency Guidance; (3) Selection of Administrative Law Judges; and (4) Revisions to the Model Rules for Implementation of the Equal Access to Justice Act. These […]
The ABA Section of Administrative Law and Regulatory Practice Presents Federal Honors Programs Teleconference for Law Students Wednesday April 17th, 2019 4:00 PM – 5:30 PM Eastern Time Teleconference Event For anyone interested in practicing regulatory law, the federal government is a terrific place to begin a career. Attorneys from the Departments of Homeland Security, […]
Together with Jonathan Adler, Abbe Gluck, and Ilya Somin, I’ve filed an amicus brief with the Fifth Circuit in Texas v. Azar. Those of you who’ve been closely following health-reform litigation know that Abbe and I often square up against Jonathan and Ilya. It’s a testament to the outlandishness of the district court’s decision that […]
I’m following Professor Aaron Nielson’s (BYU) lead and sharing an abbreviated summary of my remarks from the recent & excellent day-long Yale Journal on Regulation conference on “Regulatory Change & the Trump Administrative State.” I was delighted to be part of the panel on “Changes in Administrative Law in the Executive Branch,” along with Professors […]
Here is the February 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. On the Senate’s Purported Constitutional Duty to Meaningfully Consider Presidential Nominees to the Supreme Court of the United States: A Response to Chief Judge Peter […]
Recently I wrote a post on why the reprogramming of funds from the Support for Counterdrug Activities fund (10 U.S.C. § 284) to build the wall is likely legal. However, the $2.5 billion that President Trump said he would reprogram are not currently available in the fund. As such, to get funds to use 10 U.S.C. […]
Unfortunately, this will be a very quick post — I’m traveling today … in the snow. I love hate snow. It’s awful to wake up in the morning and see the world covered in it. Look, perhaps I wouldn’t hate snow so much if it only happened every once in a while. But it is […]
I am grateful to the contributors to this Symposium for such thoughtful pieces, as well as to the editors of the Yale Journal on Regulation for putting the Symposium together. The ALI membership is scheduled to vote on the current draft this May, so I will use this concluding post to respond to just a […]
The Department of Justice recently announced that it will support a district court ruling that the entire Affordable Care Act (ACA) should be enjoined as the allegedly unconstitutional modifications in the Tax Cuts and Jobs Act (TCJA) that zeroed out the individual mandate to purchase health insurance are inseverable from the rest of the ACA. […]
The Restatement of Consumer Contracts provides a systematic formulation of the common law rules guiding courts in resolving disputes over consumer contracts. These rules are distilled from the analysis of longstanding common law doctrines, as well as a careful reading of more recent leading court decisions, from which we elicit the governing principles. We clarify […]
That’s the headline of my op-ed at the New York Times from this morning. Here’s an excerpt: [T]he Trump administration has signaled loud and clear that its campaign against Obamacare is not over; that it will stop at nothing to achieve in court what it could not achieve in Congress; and that it doesn’t care […]
In a stunning, two-sentence letter submitted to the Fifth Circuit today, the Justice Department announced that it now thinks the entire Affordable Care Act should be enjoined. That’s an even more extreme position than the one it advanced at the district court in Texas v. Azar, when it argued that the court should “only” zero out the protections for people […]
Immigration law provides a path to lawful permanent residence for abused, neglected, or abandoned juveniles, see 8 U.S.C. §§ 1101(a)(27)(J),[1] who are accorded Special Immigrant Juvenile (SIJ) status, see R.F.M. v. Nielsen, 2019 WL 1219425 *1 (S.D.N.Y. March 15, 2019). To establish eligibility, the juvenile must secure a state court special finding order specifying that […]