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 […]
As I first noted on the blog back three years ago, the Administrative Law Section of Jotwell—The Journal of Things We Like (Lots)—is a terrific resource for administrative law practitioners and scholars. Each month Jotwell’s Administrative Law Section publishes a short review of a current piece of administrative law scholarship, usually authored by one of […]
The conclusion of briefing in Citizens for Responsibility and Ethics in Washington (“CREW”) v. Donald J. Trump, in his official capacity as President of the United States of America, Civ. A. No. 1:17-cv-00458 (Southern District of New York, filed January 23, 2017), the first filed of three Foreign Emoluments Clause cases, is now almost in […]
Lots of great new adlaw scholarship this summer! Here is the July 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. The Politics of Invoking Chevron Deference by Kent H. Barnett, Christina L. Boyd & Christopher J. Walker [CJW Note: This […]
Last week, the president signed the Countering America’s Adversaries Through Sanctions Act. Among other things, the act codifies sanctions against Russia into statutory law and provides that the president must navigate a congressional review process before waiving or terminating those sanctions. In an accompanying signing statement, the president attacked the congressional review provision as unconstitutional, […]
Last month over at Jotwell my colleague Peter Shane published a terrific review of one of my favorite new administrative law articles of the year: Miriam Seifter’s Gubernatorial Administration, which is forthcoming in the Harvard Law Review. Miriam’s article is brilliant, and such an important contribution to the field and a call for more of us […]
This post is self-indulgent; I apologize. This week marks the end of another year of D.C. Circuit Review — Reviewed. My first post was on August 10, 2015. It is now August 11, 2017. Between those two dates, I’ve authored more than 100 posts about the work of the D.C. Circuit. (I don’t think anyone […]
This post by Brian Feinstein and Daniel Hemel is based on the authors’ draft article, Partisan Balance With Bite, which is forthcoming in the Columbia Law Review. President Trump last week nominated two individuals to the Federal Energy Regulatory Commission: Kevin McIntyre and Richard Glick. McIntyre is an unsurprising choice: he is a partner at […]
Each summer the Southeastern Association of Law Schools (SEALS) hosts an amazing conference of law professors (some day I will go!), full of great panels and discussion on hot topics and cutting-edge research in law and policy. This year’s conference was no exception. But this year SEALS added a terrific innovation of providing recaps on many […]
The Presidential Advisory Commission on Electoral Integrity (“the PACEI” or “the Commission”), created by President Trump to study state voter registration and voting procedures used in federal elections, Executive Order No. 13,799, 82 Fed. Reg. 22,389 (May 11, 2017), has begun its work in controversy and litigation. This post focuses on the Commission’s power to […]
The shift in focus from healthcare to tax reform will mean that the little known Joint Committee on Taxation (JCT) will soon play a starring role. During discussions about healthcare reform, the Congressional Budget Office (CBO) played an important role in estimating how many people would be insured under competing Republican proposals. With the shift […]
It is said that August is a “quiet” month in Washington, D.C. And in many ways that is true. The Supreme Court is not in session. Congress will recess.* The President is on vacation. And because the nation’s capital is miserable in August, weather-wise, many of the locals get out of town. The D.C. Circuit, […]
The D.C. Circuit just added another case to its opinion page.* As you may recall, in June the Court decided a case called Global Tel*Link v. FCC about phone rates for prisoners. This is what I wrote then: In Global Tel*Link, the Court addressed the FCC’s 2015 Order imposing a cap on rates for inmate […]
This afternoon, the D.C. Circuit granted a motion from a group of fifteen states, led by California, to intervene in the pending appeal in House v. Price. As I explained when the motion was filed, allowing the states to intervene will prevent the Trump administration from unilaterally dismissing its appeal in the case. That’s a […]
I’ve got a new op-ed under that headline in the L.A. Times. Here’s an excerpt: The private insurance market is much more vulnerable. And the biggest problem may not be what the Trump administration does. It may be what it doesn’t do. The exchanges depend on complicated information technology, and maintaining them requires competent day-to-day […]