From the American Constitution Society website: About The American Constitution Society is pleased to announce the Twelfth Annual Richard D. Cudahy Writing Competition on Regulatory and Administrative Law. Judge Cudahy’s distinguished contributions to the fields of regulatory and administrative law combined a keen grasp of legal doctrine, deep insight into the institutional forces that determine […]
The 2018 midterm elections are around the corner, and Democrats are favored to retake the House. Democratic leaders have indicated that, should they regain control, they will perform robust investigations into President Trump and his administration. Trump’s tax returns have drawn particularly strong interest, and House Minority Leader Nancy Pelosi has already promised that obtaining […]
In my third and final post, I address the important points raised by Susan Sell, Peter Yu, and Henning Grosse Ruse-Khan. Professor Sell, one of the most important analysts of the rise of international intellectual property law, as well as of its winners and losers, urges caution as to how much the international intellectual property […]
Congress and President Trump have increased the deficit by simultaneously increasing spending while cutting revenue. The Department of Treasury found that the deficit has ballooned to $779 billion per year. Partly in response to the ballooning deficit, Congress formed the Joint Select Committee on Budget and Appropriations Process Reform to propose reforms to the appropriations […]
It’s a big day for folks who follow regulation! The Unified Agenda of Regulatory (and Deregulatory) Actions for Fall 2018 rolled out today along with a report on the FY 2018 results of the President’s regulatory two-for-one initiative. These are important documents because, respectively, they give us a snapshot of the government’s plans for the next […]
Many commentators, including a former law clerk, have described Justice Gorsuch as a devoted grammarian. In his first Supreme Court opinion, for instance, Justice Gorsuch dismissed one party’s argument by writing that its interpretation “doesn’t follow even as a matter of good grammar, let alone ordinary meaning.” Henson v. Santander Consumer USA Inc., 137 S. […]
With this post, I continue my engagement with symposium contributors Professors Pojanowski, Walker, Osei-Tutu, and Judd and repeat my thanks for the time and care they took in reviewing the monograph. This is the second of three posts intending to address the criticisms and suggestions made during the symposium. IV. Jeff Pojanowski provides a superb […]
Let me begin by thanking both regular and special contributors to this symposium as well as extending an even heartier thanks to Patricia Judd, Rachel Kogan and particularly Chris Walker for the time and energy they dedicated to introducing and organizing it. The richness and care with which the essays were drafted demonstrate, I hope, […]
It should come as no surprise that conservatives like Peter J. Wallison, a friend and law school classmate, and now a senior fellow at the American Enterprise Institute, should want to rein in the administrative state. Nor is it remarkable that opponents of regulation, like Wallison, have focused their attention on overturning the Chevron doctrine, […]
From the Claremont McKenna College website [CJW Note: As I detailed last week, the first annual conference included a fascinating replication of the seminal Eskridge/Baer study of Chevron deference at the Supreme Court.]: Claremont McKenna College’s Program on Empirical Legal Studies (PELS) is pleased to announce the second annual Empirical Legal Studies Replication Conference to be […]
About ten years ago, I came across a phrase I had never heard before: dog’s breakfast. It was in a dissent penned by Chief Justice Roberts. Here is the passage: When the state courts considered these cases, our precedents did not provide them with “clearly established” law, but instead a dog’s breakfast of divided, conflicting, […]
Over at the Center for Regulatory Reform, Jim Tozzi (who was in charge of OIRA in the early 1980s) has the following thoughts on the fiftieth anniversary of centralized regulatory review: Calendar Year 2019 marks the fiftieth year since Professor Alan Schmid on leave to a position in the Pentagon declared that benefit-cost analysis should […]
This post is the concluding portion of Part III on my series on Food Marketing Institute v. Argus Leader Media. In this post I argued that even if the Supreme Court remains unconvinced by a formal reenactment or acquiescence argument, like that outlined in Part III-A, the Court should hesitate before upending uniform court of […]
Last week, the Supreme Court heard oral argument in Knick v. Township of Scott, a case that presents the question whether “the Court should reconsider the portion of Williamson County Regional Planning Commission v. Hamilton Bank, requiring property owners to exhaust state court remedies to ripen federal takings claims.” At issue in Knick is the […]
Sam Halabi’s Intellectual Property and the New International Economic Order offers an original take on seemingly disparate efforts by developing countries to push back against overly strong intellectual property rules and the oligopoly power of intellectual property-intensive firms. He revisits the 1970s and 1980s debates over a New International Economic Order (NIEO) that reflected keen […]