“Republicans want to pay for a permanent corporate tax by taking insurance from millions of people. Is that who we are as a nation?” That’s the end of my latest op-ed in the Washington Post. Here’s the beginning. To finesse the tricky politics and brutal math of tax reform, Senate Republicans now say that they want to […]
The following post is from guest blogger Stephen F. Williams, a judge on the US Court of Appeals for the DC Circuit. Yesterday I posted a brief discussion of Maklakov’s failure to seek solutions to the “ad law” problems of the Stolypin land reforms: administration by officials of the ministry of internal affairs who were […]
The following post is from guest blogger Stephen F. Williams, a judge on the US Court of Appeals for the DC Circuit. My thanks to Professor Halabi for his thoughtful and discerning review. I can only hope that reviews published in the wider world will share those qualities. But as a purpose of the blog […]
I’m very pleased to introduce a series of posts this week on the fascinating new book, The Reformer: How One Liberal Fought to Preempt the Russian Revolution, by Stephen F. Williams. Regular readers might wonder why a blog on regulation and administrative law would spend a week on a book about Vasily Maklakov, a somewhat […]
Many thanks to Peter and, of course, Judge Williams for a book rich with lessons for historians, scholars of the administrative state, and, for me, at least, international relations. In a world where autocracy remains common if more threatened, Judge Williams sets out to explore the prerequisites for autocracies to transition (peacefully, it would appear) […]
Every year the Harvard Law Review publishes its Foreword — a prominent scholar’s take on the Supreme Court’s latest term and the law generally. This year’s author is Gillian Metzger, a giant of administrative law. And her article is quite provocative — 1930s Redux: The Administrative State Under Siege. Here is the first sentence: “Eighty […]
Note: Another quiet week in the D.C. Circuit. This week’s post will be short — especially because I’m traveling. This week the D.C. Circuit formally announced an interesting policy: “Earlier this year, the Court agreed to provide live audio streaming of arguments upon request in an individual case if the panel assigned to the case […]
The Department of Justice is developing a new strategy to reduce a huge backlog in the immigration courts. A recent report of this plan contains this sentence: “DOJ officials criticized immigration lawyers, saying they ‘have purposely used tactics designed to delay’ immigration cases.” Raising claims of delay tactics is a recurring theme in certain efforts […]
With the news that President Trump decided to break decades of tradition in failing to reappoint Janet Yellen, the question now turns to Yellen’s post-Chair fate. Quirks in the governance of the Federal Reserve I’ll describe in a moment mean that her options aren’t just about retirement: although unusual, Yellen could stay at the Fed […]
From Professor Lou Virelli: The AALS Administrative Law Section is pleased to announce its “New Voices in Administrative Law” program for the 2018 AALS Annual Meeting in San Diego. The New Voices program is designed to give junior administrative law scholars an opportunity to discuss their work with their more senior colleagues in an informal […]
This Friday, November 10, 2017, the Notre Dame Law Review will be hosting its annual symposium. Entitled “Administrative Lawmaking in the 21st Century,” the proceedings will be published in Volume 93 of the Law Review, but are of immediate interest to Notice and Comment readers. The slate of presenters is a veritable “who’s who” of […]
Here is the October 2017 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. Misconceptions About Nudges by Cass R. Sunstein [CJW Note: As I noted last month, this 12-page essay by Sunstein already has nearly 2,000 downloads on SSRN. […]
[This post is co-authored by Jill Family and Lenni Benson, Professor of Law, New York Law School] Our legal system should not provide fair process in name only. On paper, our immigration system provides procedural protections in an administrative hearing where the outcome defines lives. For those facing the full weight of government power in […]
Columbia Law Professor Philip Hamburger, author of Is Administrative Law Unlawful?, has started a nonprofit, public interest law firm called the New Civil Liberties Alliance (NCLA). Per this job posting, the NLCA is looking to hire attorneys both at the senior and more junior level. Here’s a description of the NLCA: Founded by law professor […]
Last Wednesday, President Trump signed his fifteenth congressional resolution disapproving a federal regulation. This was notable not only because, prior to this year, only one such resolution had ever been enacted, but also because it was the first time a president had disapproved a regulation issued during his own tenure. This, along with new opinions […]