I am pleased to announce a new online symposium, featuring comments about the issues that Professor Sam Halabi raises in his new book, Intellectual Property and the New International Economic Order: Oligopoly, Regulation, and Wealth Redistribution in the Global Knowledge Economy (Cambridge University Press 2018). This week’s symposium, along with Halabi’s book, strikes at the […]

Don’t let the title deceive you: this is not simply a book about international intellectual property law (though it is obviously at least that). Sam’s rich account of the asymmetries in international intellectual property protections and the ways that poorer countries fight back bears on a cross-disciplinary conversation in institutional change that is worth highlighting, […]

If you’re in the DC area this week, ACUS and the Administrative Law Review are co-hosting an interesting forum on Mass and Fake Comments in Agency Rulemaking.  From ACUS’s Administrative Fix blog, here’s a summary of the subjects to be discussed: When agencies propose new regulations, the Administrative Procedure Act requires that they provide interested […]

In my last post, I presented the results of an empirical investigation into Seminole Rock deference as a judicial methodology. Below, I lend perspective to these results. Deference to Agency Interpretations of Non-Regulatory Texts Is an Understudied Area of Administrative Law Perhaps the most noteworthy finding of this analysis is that the Seminole Rock framework […]

Under the Supreme Court’s Seminole Rock (or Auer) doctrine, Article III courts give binding deference to an agency’s regulatory interpretation “unless it is plainly erroneous or inconsistent with the regulation.” In an effort to better understand Seminole Rock deference as judicial methodology, I recently took a deeper dive into a dataset I had created for […]

In my last post on this topic, I offered a brief summary of the litigation in the U.S. District Court for the District of Columbia challenging President Trump’s regulatory “two-for-one” executive order, EO 13771. In short, the case was initially dismissed for lack of standing, the plaintiffs amended their complaint, the government responded, and we […]

This is my third post regarding the stay of the mandate in Food Marketing Institute v. Argus Leader Media. The Supreme Court appears ready to consider, and potentially upend, the well-developed Circuit law defining the scope of Freedom of Information Act (“FOIA”) Exemption 4 — the National Parks/Critical Mass doctrine.  My first post described the […]

From my inbox: NEW! Developments in Administrative Law and Regulatory Practice 2017 Edited by Robert Divis This resource offers practitioners in administrative law, and those interested in this area of law, an understanding of the developments in the four core areas of administrative law in 2017 (e.g. Adjudication, Constitutional Law and Separation of Powers, Judicial […]

Recently, a company named Adappcity Inc. launched a new application called UppstArt. The app purports to use blockchain technology to enable visual artists to “track” art they sell such that if and when it is later resold, they are able to enforce a so-called “resale royalty.” A resale royalty is a mandatory, predetermined payment made by […]

It’s my pleasure to share that on Monday, September 24, current and former Office of Information and Regulatory Affairs (OIRA) chiefs will gather for an afternoon event entitled “Celebrating 25 Years of Executive Order 12866: Reflecting on its longevity & looking to the future.” The current administrator of OIRA will join predecessors from the Obama, […]

With Judge Kavanagh’s nomination pending, there has been no shortage of speculation among commentators on how his appointment might affect the Court’s jurisprudence. Of particular interest to readers of this blog, many have noted that a Justice Kavanagh would tip the Court toward greater skepticism of Chevron deference. On and off the bench, Judge Kavanaugh […]