Over the last few years Michael Sant’Ambrogio and Adam Zimmerman have been doing very important work on the various adjudicatory tools federal agencies may have available to them to engage in aggregate agency adjudication. First, in The Agency Class Action, published in the Columbia Law Review, they sketch out the theoretical and policy case for […]
Although it’s been eclipsed by the presidential election, the fight over the risk corridor lawsuits continues to simmer. Last Friday, the House of Representatives moved to file an amicus brief objecting to the administration’s willingness to open settlement negotiations: The law is clear that insurance companies operating on the health exchanges established pursuant to the […]
This fall, the Administrative Conference’s committees are working on a full slate of projects targeted for completion at the 66th Plenary Session, which will be held in December 2016. These projects include: (1) The Ombudsman in Federal Agencies; (2) Informal Agency Adjudication; (3) Public-Private Partnerships; (4) Self-Represented Parties in Administrative Hearings; and (5) Social Security Administration […]
In PHH Corporation v. Consumer Financial Protection Bureau, the U.S. Court of Appeals for the D.C. Circuit, in an opinion by Judge Brett Kavanaugh, held that it was unconstitutional for the CFPB to be headed by a single Director who could not be removed by the president without cause. The consequences of the court’s decision […]
In the past 24 hours,* calls for Donald Trump to abandon his bid for the White House have swelled. While the odds of him doing so willingly still seem long, they are not negligible; who knows what they will be by early next week, after the second debate between Trump and Hillary Clinton. No matter the […]
I am delighted to join the lineup of regular bloggers at the Yale Journal on Regulation. One contribution I will make to the blog will be an ongoing series, entitled Administrative Conference Update, which will highlight new and continuing projects, upcoming committee meetings, proposed and recently adopted recommendations, and other news about the Administrative Conference of […]
It is only fitting that on the day the blog launches a new series — The Administrative Conference Update — by our new regular blogger Emily Bremer (welcome!) that I highlight an important new report from the Administrative Conference of the United States (ACUS). With Professor Michael Asimow as the academic consultant, ACUS has spent the last […]
Over at Jotwell last week, I highlighted as one of the best new articles in administrative a piece by Aditya Bamzai entitled The Origins of Judicial Deference to Executive Interpretation. This article is forthcoming in the Yale Law Journal next year, and it’s a must-read article for adlaw geeks as Bamzai casts serious doubt on the […]
Every year I look forward to the George Washington Law Review‘s Annual Review of Administrative Law, as the editors do a great job of selecting articles for inclusion in the issue. (I’m not just saying that because they published the first article I wrote after joining the law faculty here.) This year’s issue was just published, […]
The D.C. Circuit issued an important decision today: it held that the removal protections for the Director of the Consumer Financial Protection Bureau violate Article II of the Constitution. As a remedy, the D.C. Circuit essentially excised the Director’s “for cause” removal protection from the U.S. Code. This means that if the President is unhappy […]
(This was a very quiet week at the D.C. Circuit. No opinions. So feel free to skip this post. If you want something else to spend five minutes on, consider this–just for the experience. Warning: that link may haunt your dreams.) This is not a novel observation, but even so, here goes: Researchers should publish […]
September was a good month for administrative law scholarship on SSRN, perhaps in part because scholars posted articles that they placed with law reviews in the fall cycle. I look forward to blogging about a number of these articles in greater detail as part of my AdLaw Bridge Series. At any rate, here is the September […]
Eight public health groups, joined by three individual physicians, filed a lawsuit today asking a federal court to order the FDA to implement graphic health warnings for cigarettes. Quick background: The 2009 Family Smoking Prevention and Tobacco Control Act (TCA) instructed to the FDA to promulgate a rule within two years that required graphic health […]
Last week, the Washington Post reported that settlement negotiations with insurers over risk corridor payments are well underway. “One health plan executive, whose attorney has spoken with Justice officials, said the department is trying to reach an agreement with suing insurers in the next two weeks on what percentage of the remaining $2.5 billion would […]
Last month, Notice & Comment hosted a two-week symposium on Seminole Rock (or Auer) deference. The complete symposium is now available on SSRN. Here is the link. And here is the Table of Contents: Introduction by Aaron Nielson The Lost History of Seminole Rock by Sanne H. Knudsen & Amy J. Wildermuth Henry Hart’s Brief, […]