For a democracy to function even a little bit like it should, the public needs to know what the government is up to. A robust press is one mechanism. FOIA is another. But the most obvious is for the government just to tell the public about its projects and plans. Unfortunately, while the government has […]
On Friday, the UCLA Law Review will be hosting a terrific symposium entitled The Safeguards of Our Constitutional Republic. So if you happen to be in Southern California, definitely join us! Here’s the description of the symposium from the law review’s website: We find ourselves today at a political, legal, and cultural crossroad. This past year […]
As the various entries in this Symposium show, agencies enjoy considerable flexibility in determining whether, when, and how to publicly communicate their enforcement priorities and legal interpretations. But sometimes, through statutes like the Freedom of Information Act, an agency may be forced to reveal things that it would otherwise keep out of the public’s eye. For […]
Would you like to hear from the government? Many people might say no. Or at least, not usually. But, of course we hear from the government all the time. Many times, this contact comes from administrative agencies. Agencies shape, among many other things, the air we breathe, the taxes we pay, and the question of […]
Historically, rulemaking has been defined by dense text and linear analysis. Yet, during the Obama administration, a colorful new visual rulemaking universe emerged—one that splashed rulemaking-related images, GIFs, and videos across social media channels. Agencies, interested stakeholders, and President Obama himself used sophisticated visual tools to develop and engender support for—or opposition to—high-stakes federal rulemakings. […]
If you are a regular reader (“Hi, Mom!”*), you might think that D.C. Circuit Review — Reviewed does too much cheerleading for the D.C. Circuit. After all, although I make exceptions, I generally try not to offer my view about whether the Court’s opinions are right or wrong. Plus I try — hopefully successfully– not […]
I’ve previously given my pitch (here) for why every administrative law practitioner, scholar, and student should join the ABA’s Section of Administrative Law and Regulatory Practice. I’m now seconding Linda Jellum’s recent invitation (reproduced below) for administrative law folks to join an ABA AdLaw Section committee. I co-chair the adjudication committee with ACUS Vice Chair […]
With the government reopening soon, I thought now would be a good time to examine some of President Trump’s actions regarding the shutdown. To mitigate the immediate impact of the shutdown, the Trump administration did not shut down agencies that still had unused funds. However, this decision likely violated appropriations law. The Constitution specifies that “[n]o […]
Over the last few years, the debate over the Supreme Court’s 1984 opinion in NRDC v. Chevron has morphed from a debate among academics to a near hysterical debate among politicians and pundits who have never read the Court’s opinion and know nothing about the dispute that led to the Court’s opinion. In an effort […]
In today’s Federal Register, ACUS has published a notice soliciting public comment on a revision of its 1993 Model Adjudication Rules. Comments are due by 10:00 am EDT on Friday, February 23, 2018. The Committee on Adjudication is having a meeting to discuss the revised rules on February 1, 2018 from 1:00 pm to 4:00 pm EDT. The project […]
It is my great pleasure to join the Yale Journal on Regulation’s Notice & Comment as a contributor. I am currently a First Lieutenant with the Republic of Korea Air Force, working at the Office of the Judge Advocate General as an international law officer. Before joining the Korean Air Force last year, I was […]
Apologies: This post was written quickly. My evening was spent at a D.C. Circuit-ish event. The D.C. Circuit and “Net Neutrality” have a long history. Here is a short, very simplified version of it.* In 2002, the FCC decided that internet access was an “information service” rather than a “common-carrier” service. The decision was challenged […]
The calls to rethink Chevron deference haven’t ceased, with the primary focus being on whether to eliminate the doctrine entirely or how to narrow it further on Chevron Step Zero (think: major questions doctrine). I’ve captured those developments and arguments in an essay forthcoming in the Georgetown Journal of Law and Public Policy entitled Attacking Auer and […]
I’m proud to announce that Michigan will be hosting the third annual Administrative Law New Scholarship Roundtable in June. The first two roundtables were outstanding, and I have high hopes for this year’s event. The Roundtable is an excellent opportunity for young admin law scholars to get low-pressure feedback on their work from senior scholars in the field. From […]
Junior administrative law scholars (7 years or fewer in the academy) are invited to submit papers every other year to the Yale/Stanford/Harvard Junior Faculty Forum. This year is administrative law’s year in the rotation. Here are the details from Rebecca Tushnet’s 43(B)log: Yale, Stanford, and Harvard Law Schools are soliciting submissions for the 19th session of […]