Notice & Comment

Notice & Comment

Notice & Comment

Using the Rhetoric of Obscenity Against Vulnerable Migrants Amidst the Coronavirus Pandemic, by Robert F. Barsky

The US border is now officially closed to everyone, unless the crossing falls under the rather ill-defined category of “essential.” This move is officially described as a public health response to the spread of Coronavirus, but it also happens to coincide with the Trump administration’s frequently stated view that the country is “full.” Furthermore, it […]

Notice & Comment

New Justice Department Guidance on Supplemental Environmental Projects in Civil Settlements with Private Defendants

Last week, Jeff Clark, the Assistant Attorney General of the Environment and Natural Resources Division (ENRD), delivered a fascinating speech at the Case Western Reserve University’s Burke Center for Environmental Law. Video of his remarks is here. Among other things, Clark discussed Justice Department guidance he issued the week before concerning supplemental environmental projects (SEPs) […]

Notice & Comment

Religious Exemption to Title IX: Proposed Regulations to Define ‘Controlled by a Religious Organization,’ by Kif Augustine-Adams

In late January 2020, the Trump Administration proposed new regulations to define “controlled by a religious organization” for purposes of religious exemption to Title IX.  The proposed regulations eviscerate the common meaning of control and ignore the grammatical structure of the phrase “by a religious organization.” The new definition would expand the scope of religious […]

Notice & Comment

From Barnett and Blackman (and Wolters Kluwer): Free Access to “Introduction to Constitutional Law” 11-Hour Video Library

As part of my effort to identify online resources for teaching and learning administrative law, I thought I’d flag this post from Josh Blackman (and Randy Barnett). Their book Introduction to Constitutional Law is a great introduction and refresher to the main cases, and the accompanying videos are really engaging. The book, which comes with […]

Notice & Comment

Needed Clarity on the Treasury’s $500 billion

            The Federal Reserve, Treasury, and Congress are working furiously to address the financial, fiscal, and macroeconomic consequences of the coronavirus crisis of 2020. We will debate the appropriate lines between monetary, fiscal, and emergency financial policy in the months and years ahead, but right now it is very important to have as much clarity […]

Notice & Comment

The End of Deference: The States That Have Rejected Deference, by Daniel M. Ortner

Deference doctrines such as Chevron and Auer continue to receive criticism from members of the judiciary including members of the Supreme Court. In Kisor, the Supreme Court recently considered whether to overturn Auer and stop deferring to administrative interpretations of their own regulations. Supporters of deference to administrative agencies issued dire warnings that without deference […]