Notice & Comment

Notice & Comment

Notice & Comment

The FCC’s Public Notice on “Bona Fide News,” by Daniel R. Suhr

In the latest round of regulatory controversy around late-night television, the Federal Communications Commission (FCC) issued a Public Notice last week reminding broadcasters of their responsibilities under the equal time rule, Section 315 of the Communications Act. More specifically, the FCC specified that daytime and late-night talk shows had not shown they should count as […]

Notice & Comment

The EPA’s New Regulatory Framework: More Costs, Fewer Benefits, by Justin McCarthy

Earlier this month, the U.S. Environmental Protection Agency (EPA) finalized a new rule revising its emissions standards for nitrogen oxides (NOx) from new gas-fired power plants and other stationary turbines. Although the new regulations are significantly more lenient than those proposed during the Biden Administration, the final rule is especially significant because it signals that […]

Notice & Comment

Call(s) for Papers: “APA Originalism” and “APA Realism”

In recent years, some of the Court’s most significant decisions have involved interpretations of foundational administrative statutes. Among these statutes are the Administrative Procedure Act, of course, but also the National Environmental Policy Act, and soon the Federal Reserve Act’s “for cause” removal provision. These procedural statutes have profound impacts on government, jurisprudence, and ultimately […]

Notice & Comment

Sayegh v. Bondi: Agency Action Deferred or Agency Action Denied?

The Fifth Circuit’s recent decision in Sayegh v. Bondi, 25-20073 provides a useful illustration of how administrative finality operates under the Administrative Procedure Act (APA), particularly in regulatory schemes that involve multi-stage agency decision-making.  Although the case arises in the immigration context, the court’s analysis centers on familiar administrative law issues: when agency action is […]

Notice & Comment

Regulation by Adjudication Gives Agencies Maximum Flexibility in Wielding Their Powers, by Mitchell Scacchi

An e-cigarette manufacturer follows an arduous set of standards to get its market applications approved by the Food and Drug Administration (FDA). The company completes the process as outlined, but the FDA still denies its applications. Why? The FDA changed the rules on a dime after the fact, without public input, without following the rulemaking […]

Notice & Comment

The President Is Not Required to Appoint Officers of the Opposing Party, by Bernard S. Sharfman & Nick Morgan

With the recent resignation of Caroline Crenshaw, there are now two vacancies at the top of the Securities and Exchange Commission.  The sticking point in filling these vacancies has been President Trump’s unwillingness to appoint Democrats to run our federal agencies.  However, assuming the constitutionally required advice and consent of the Senate is provided, what is […]

Notice & Comment

Administrative Law SSRN Reading List, December 2025 Edition

New year, but these posts capture the month before. So here is the December 2025 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. For more on why SSRN and this eJournal are such terrific resources for administrative law scholars and practitioners, […]

Notice & Comment

Comparative Administrative Law New Scholarship Corner (December 2025)

In the end-of-semester and holiday rush, I neglected to post the December 2025 Comparative Administrative Law New Scholarship Corner. So here it is! As always, this list was curated (in a timely fashion–the delay is all mine!) by Eduardo Jordão (FGV Law School, Rio de Janeiro), with the assistance of Eduarda Onzi. The Scholarship Corner is a […]

Notice & Comment

The Case for Suspending Grok’s Federal Deployment, by J.B. Branch

Across democratic governments and international institutions, a foundational premise of artificial intelligence governance has begun to crystallize into consensus: AI systems deployed at scale must be safe, controllable, and subject to meaningful oversight. This principle appears across legal and policy frameworks that otherwise differ in scope, enforcement mechanisms, and regulatory philosophy. The European Union’s Digital […]

Notice & Comment

Call for Papers: Eleventh Annual Administrative Law New Scholarship Roundtable

Vanderbilt Law School is very pleased to host the Eleventh Annual Administrative Law New Scholarship Roundtable on June 2-3, 2026. For the past ten years, the Roundtable has offered administrative law scholars an excellent opportunity to get feedback on their work from distinguished scholars in a collaborative setting. Approximately twelve authors will be selected to workshop […]

Notice & Comment

Ad Law Reading Room: “Regulatory Settlement, Stare Decisis, and Loper Bright,” by Lisa Schultz Bressman and Kevin Stack

Today’s Ad Law Reading Room entry is “Regulatory Settlement, Stare Decisis, and Loper Bright,” by Lisa Schultz Bressman and Kevin M. Stack, which was recently published in the NYU Law Review. Here is the abstract: In Loper Bright v. Raimondo, the Supreme Court adopted and deployed a particular narrative about agency action in support of […]