Many of us remember seeing the 1982 PBS documentary The Regulators: Our Invisible Government in our administrative law course in law school. C-SPAN has made this instant adlaw classic available for public viewing on its website here. [HT Linda Jellum!] Here’s a summary of the documentary from C-SPAN: The Regulators The Regulators: Our Invisible Government is a 1982 […]
We have a terrific program on the Hill at the end of this month in developments on federal administrative adjudication. It will take place on September 29, 2017, from 9am to noon at the Dirksen Senate Office Building Room 562 [note room change] (located northeast of the Capitol on a site bounded by Constitution Avenue, […]
Republicans have tried to use the reconciliation process to change/repeal the Affordable Care Act (Obamacare). Despite voting on several proposals, Republicans have not been able to get 50 votes to pass any legislation under reconciliation. The Senate parliamentarian recently declared that at the end of the fiscal year, September 30, the reconciliation instructions Republicans could […]
Uniform Law Commission Acts and Projects Part 4 The Study Committee to Amend the Revised Uniform Law on Notarial Acts The Uniform Law Commission (ULC) approved a drafting committee to Amend the Revised Uniform Law on Notarial Acts (RULONA) to authorize remote notarization without geographic limits on the location of the signer and to address […]
I love the U.S. Court of Appeals for the Fifth Circuit. Many years ago I flew to Houston for a clerkship interview with Judge Jerry Smith. I had never been to Houston before; indeed, I may not have ever been to Texas before. When I arrived, I remember worrying about the humidity and the heat. […]
Iowa has submitted a waiver proposal under section 1332 of the Affordable Care Act that, if granted, would radically reshape its individual insurance market; Oklahoma may soon do the same. Both states have been accused of relying on some magical numbers, and Iowa’s waiver appears to violate the ACA’s guardrails, which require states to assure […]
On Friday, September 29, the Hoover Institution and the Antonin Scalia Law School’s Center for the Study of the Administrative State will host a lunchtime panel discussion on circuit court and Supreme Court litigation in the coming Term that may impact the landscape of administrative law. With the advent of Justice Gorsuch to the Supreme […]
The Administrative Conference of the United States will soon begin fall committee meetings on a slate of projects targeted for completion at the 68th annual plenary session, to be held in December. These projects include: (1) Plain Language in Regulatory Drafting; (2) Agency Guidance; (3) Regulatory Waivers and Exemptions; and (4) Regulatory Experimentation. A description (taken […]
Back in April the Georgetown Center for the Constitution and the Institute for Justice organized a terrific conference entitled Challenging Administrative Power. The Georgetown Journal of Law and Public Policy generously agreed to publish the papers presented at the conference, and that conference issue is forthcoming early next year. For my short conference contribution, I decided […]
Fall is here; we know this because the D.C. Circuit did not issue any opinions this week. Because I expected no opinions (this happens every fall!) — and, of course, because of Labor Day — I figured this week would be a good one to evaluate how the NLRB has done so far this year. […]
Below are the details from the ABA AdLaw Section. For what it’s worth, my ABA Adjudication Co-Chair (and the ACUS Vice Chair) Matt Wiener and I have helped organize two great panels on agency adjudication — one on recent developments related to the constitutionality of administrative law judges and the other on agency adjudication outside […]
I’ve written about the relatively new problem of chronic Fed vacancies before (see here), but we’re setting new records. With the just-announced resignation of Vice Chair Stanley Fischer 18 months before his leadership term expired, we face another potential milestone: the first time in the Fed’s history that we have only three sitting Governors. I’ll […]
Last month was a particularly good one for administrative law scholarship on SSRN, with a number of great new papers from the “who’s who” and “risings stars” in the field. Unfortunately I lack the bandwidth this month to comment on each piece. But here is the August 2017 edition of the most-downloaded recent papers (those […]
President Trump is expected to announce today that his administration will end the Deferred Action for Childhood Arrivals (DACA) program, which allows undocumented immigrants who arrived in the United States before their 16th birthday to obtain work permits and certain other federal benefits. DACA beneficiaries, commonly known as “Dreamers,” are likely to challenge Trump’s decision […]
Loyola Chicago has a terrific Center for Compliance Studies, which is directed by Ryan Meade. Last year I participated in the Center’s first annual symposium “Complying with Law: An Interdisciplinary Dialogue.” I’m fascinated by the field of compliance, and the role of lawyers — and administrative law — in it. Last year’s symposium was a terrific opportunity […]