On Thursday, September 7, I’ll moderate a free teleconference for the ABA Admin Law Section. Register here. It should be an interesting discussion about a timely issue: the Congressional Review Act and stays of rules. Here is the info: Revisiting Yesterday’s Rules: The Congressional Review Act, Agency Stays, and Beyond Both Congress and federal agencies […]
Judge Janice Rogers Brown has now retired from the D.C. Circuit. And how did she begin her final judicial opinion? “Every four years, we suffer through the celebration of democracy (and national nightmare) that is a presidential election.” I clerked for Judge Brown. She has always been kind to me and my family. And I […]
The AALS New Voices in Administrative Law is a terrific program, and the AdLaw Section has issued its annual call for participants for the 2018 AALS Annual Meeting (this year in San Diego!). Here are the details, from Lou Virelli, the Chair-Elect of the AALS AdLaw Section: The AALS Administrative Law Section is pleased to […]
The American Bar Association’s 12th Annual Homeland Security Law Institute (HSLI) will be held this year at George Washington University in Washington, D.C., on September 25-27, 2017. This three-day event is one of the largest gatherings of homeland security lawyers and policymakers in the United States. The Institute is an annual look at the state of […]
In the latest issue of the Administrative & Regulatory Law News, outgoing ABA AdLaw Section Chair Renee Landers has call for administrative law practitioners and scholars to join the ABA AdLaw Section. With permission, I’m posting her Chair’s Comment here. I want to echo Renee’s call that you consider joining the ABA AdLaw Section, which […]
School will soon start again. Our 1Ls started orientation this week and our upper-level students start classes again on Monday. This week thus seems like a good one to offer unsolicited advice — especially because the D.C. Circuit only decided one case this week (which number, more or less, is what I predicted). Here we […]
In June, the D.C. Circuit vacated part of an FCC order regulating inmate phone rates. The majority opinion focused on the FCC’s statutory jurisdiction over intra-state phone provision. But as Aaron Nielson noted on this blog, administrative law watchers may be interested in the opinion for its odd treatment of Chevron deference. As I suggest […]
Future Congressional Budget Office (CBO) estimates of healthcare legislation, even identical legislation to what CBO has already reviewed, may be vastly different because of the peculiarities of the reconciliation process. Despite the recent failure of healthcare legislation, President Trump has advocated for Republicans to pass a healthcare bill to replace the Affordable Care Act. However, […]
Last year I blogged about a terrific symposium hosted by the Florida State University College of Law, entitled Environmental Law Without Courts. Florida State’s Journal of Land Use and Environmental Law just published the symposium issue, which includes short essays by the various presenters and shorter reactions by the assigned respondents. My contribution, Lawmaking Within Federal Agencies […]
Federal oversight of the banking industry generally takes place through bank examinations. A bank examination is a confidential, non-public dialogue between a regulator and a bank about the bank’s policies and practices. During this dialogue, bank examiners and banks depend on a federal rule known as the bank examination privilege. However, this rule is beginning […]
Back in November 2015, I criticized a proposed rule about wellness programs that the Equal Employment Opportunity Commission was then considering. The rule would have allowed employers to impose a financial penalty—up to 30 percent of annual premiums—on employees who declined to participate in a wellness program. The trouble was that the Americans with Disabilities […]
Nearly fifty years ago Alan Schmid, a visiting professor working at the Office of the Secretary of the Army, made a game changing announcement to his colleagues in the Systems Analysis Group housed in the Pentagon. Schmid argued that the then use of benefit-cost analysis, which was applied to capital expenditure projects such as dams […]
This is my last week of summer — next week, the 1Ls arrive. I would say my summer vacation is coming to an end but, in fact, it doesn’t feel like I’ve had a vacation at all. Instead, this summer has been full of long days and short nights. (Hopefully, the result of all those […]
A few weeks ago, in those bygone days when Sean Spicer reigned in the White House pressroom and Reince Priebus was White House Chief of Staff, I wrote an op-ed called the Case for Janet Yellen. In it, I explained why Janet Yellen should be her own successor at the Fed, for a variety of […]
If you’re going to be in the DC area on September 29 and are interested in benefit-cost analysis, here’s the event for you! The Administrative Conference of the United States (ACUS), the Society for Benefit-Cost Analysis (SBCA), and the GWU Regulatory Studies Center are co-sponsoring an afternoon of discussion on New Developments in Regulatory Benefit-Cost […]