Notice & Comment

Notice & Comment

Notice & Comment

My Jotwell Review of the ACUS Report Government by Algorithm

Over at the Journal of Things We Like (Lots) (Jowell), I have a short review of an important new report that the Administrative Conference of the United States (ACUS) has issued on artificial intelligence and machine learning in the federal administrative state. This report, entitled Government by Algorithm: Artificial Intelligence in Federal Administrative Agencies, was coauthored […]

Notice & Comment

A Conversation with EPA Administrator Andrew Wheeler: New Rule on Guidance Procedures and More, 9/14 at 10AM

This webinar on Monday morning with EPA Administrator Wheeler looks fascinating. From the Federalist Society Regulatory Transparency Project website: In May, the Environmental Protection Agency announced a new proposed rule to “establish the procedures and requirements for how the U.S. Environmental Protection Agency (EPA) will manage the issuance of guidance documents subject to the requirements of the […]

Notice & Comment

AALS Administrative Law Section – Meet a Member: Hal Krent, by Kent Barnett

Although scholars may not be able to see each other at conferences or other events for the foreseeable future, they can still maintain some virtual connection. The Association of American Law Schools (AALS) Section on Administrative Law continues its initiative: “Meet a Member.” The section will introduce our members from time to time, and it […]

Notice & Comment

ABA Launches Poll Worker, Esq. Initiative

Through its Standing Committee on Election Law, the American Bar Association is partnering with the National Association of Secretaries of State (NASS) and the National Association of State Election Directors (NASED) to rally lawyers and law students to serve as poll workers in the upcoming 2020 election. More details are available here. The Poll Worker, Esq. […]

Notice & Comment

The Chevron Chicken and Egg Problem: A Riveting En Banc Grant in the Tenth Circuit, by Eli Nachmany

The Tenth Circuit just granted rehearing en banc in the case of Aposhian v. Barr, a challenge to the Trump Administration’s bump stock regulation promulgated in response to the 2017 mass shooting in Las Vegas. The court has asked counsel to answer five specific questions in the briefs, including multiple fascinating inquiries related to the doctrine of Chevron deference. Courts review agency […]

Notice & Comment

The Becket Fund Accepts the Supreme Court’s Invitation to Raise a Nondelegation Challenge to the ACA’s Contraceptive Mandate, by James C. Phillips

Shortly after the Supreme Court decided Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania (No. 19-431), I observed in a post that the majority “repeatedly lays out the case for why the ACA lacked an intelligible principle in delegating to a sub-agency (HRSA) what it was that health plans had to […]

Notice & Comment

Race (and Other Vulnerabilities) in Healthcare and Administrative Law, by Renée M. Landers

In his comprehensive work, A History of American Law, Lawrence M. Friedman identifies the roots of the modern welfare system in the poor laws of the colonies.[1] Descended from laws of Elizabethan England with the same label, colonial law established a system of “discriminating against the unfortunate stranger.”[2] New England towns would “warn out” new arrivals to disclaim […]

Notice & Comment

OIRA Issues Guidance on Improving and Reforming Regulatory Enforcement and Adjudication

Yesterday Paul Ray, the Administrator of the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget (OMB), issued guidance to all executive departments and agencies on implementing Executive Order 13,924 to improve and reform regulatory enforcement and adjudication. As I noted in February, OMB had issued a request for information […]

Notice & Comment

Chief Justice Taft, President Taft, and the Myers case

How much power does the Constitution give the President to fire the heads of departments, and what does this imply about lower-level civil servants who staff those departments? The former question has been debated since the First Congress, of course; and the latter question since the Pendleton Act. And both questions are once again in the […]

Notice & Comment

Job Posting: Assistant General Counsel in the U.S. Department of Transportation’s Office of Regulation

Here are the details: The Office of the General Counsel, U.S. Department of Transportation, is looking for a dynamic executive to serve as the Assistant General Counsel for Regulation to direct the oversight, assessment, and review of the regulatory agenda of one of the largest Federal regulatory agencies.  The Assistant General Counsel for Regulation provides […]

Notice & Comment

D.C. Circuit Review – Reviewed: An Examination of the U.S. Court of Appeals for the District of Columbia Circuit

A couple of weeks back I finished D.C. Circuit Review — Reviewed as a weekly series.* If you’re interested, I’ve penned a short essay about what I’ve learned from five year of posts. I’ve also attached the posts as an appendix so they are available in a single (control-F searchable) place. Here’s the abstract: Thanks […]