Notice & Comment

Notice & Comment

Notice & Comment

Only 12 Days Left to Register for the 2019 Administrative Law Conference

From my inbox. We have a terrific lineup again this year, so definitely join us!    Section of Administrative Law and Regulatory Practice     AMBAR.ORG     |      CAREER CENTER     |      MEMBERSHIP     |      CALENDAR     |      CLE     |   PUBLISHING      2019 Administrative Law Conference November 14-15, 2019 | Walter E. Washington Convention Center | Washington, DC   Don’t forget to register before Monday November […]

Notice & Comment

A Long Title for a Short Post: Praise for Professor Parrillo and a Quick Thought About Petitions for Rulemaking as a Means to Challenge Policy Statements, by Richard Murphy

This short post will do two things. First, it will heap praise on Professor Parrillo’s article, Federal Agency Guidance and the Power to Bind: An Empirical Study of Agencies and Industries. This terrific and engaging work sheds valuable light on what it means, practically, for policy statements to be “practically binding.” One can reasonably hope […]

Notice & Comment

Deconstructing Facebook’s Libra, by Marcelo M. Prates

On June 18, 2019, Facebook announced its plan to create a global cryptocurrency named Libra. The social-networking giant wants to offer any person holding a smartphone with an internet connection a stable and secure way to transfer money and make payments all over the world. Libra will be built on a blockchain and backed by […]

Notice & Comment

Fortieth Anniversary: The Commerce Department’s Foray Into Re-Writing Products Liability Law

On October 31, 1979, forty years ago this week, the Department of Commerce published its Model Uniform Products Liability Act (now commonly referenced as the “Uniform Product Liability Act”) in the Federal Register, 44 Fed. Reg. 62714 (1979).  “The Commerce Department?,” you might respond with bemusement.  Ordinarily uniform and model state laws are crafted by […]

Notice & Comment

Shedding Light on Agency Lawmaking in the Shadows, by Rebecca Turnbull

If I had to reach a common conclusion from comparing Presidential Laws and the Missing Interpretive Theory by Professor Tara Leigh Grove and Legislating in the Shadows by Professor Christopher Walker, it would be that “all legislative powers” vested in Congress by the Constitution seem to be leaking out of that body and into the […]

Notice & Comment

D.C. Circuit Review – Reviewed: Mandamus Watch

It is hard to not be intrigued by a writ of mandamus — one of “‘the most potent weapons in the judicial arsenal,’” and “a ‘drastic and extraordinary remedy reserved for really extraordinary causes.’” It is no small thing for a court, in the middle of proceedings, to order someone “to properly fulfill their official […]

Notice & Comment

Michigan’s ban on flavored vaping products

Last month, Michigan became the first state in the country to ban the sale of flavored vaping products. The ban came in an emergency rule that, with the governor’s approval, took effect immediately and allowed the state to temporarily bypass notice and comment. Sellers of the products sued, and ten days ago, a state judge […]

Notice & Comment

D.C. Circuit Review – Reviewed: By Any Other Name

This will be a quick post; I am traveling.* Today the Supreme Court granted certiorari in an important administrative law case — out of the Ninth Circuit: Why am I writing a post about the Ninth Circuit? Isn’t that what Ninth Circuit Review — Reviewed is for? Because this isn’t really a Ninth Circuit case […]

Notice & Comment

Fall 2019 Project Preview (ACUS Update)

The Administrative Conference of the United States kicks off its fall committee meetings this week, with a slate of new projects on: (1) Acting Agency Officials and Delegations of Authority; (2) Listing Agency Officials; (3) Agency Economists; (4) Internet Evidence in Agency Adjudications; and (5) Recruiting and Hiring Agency Attorneys. These projects are targeted for completion at the 72nd […]

Notice & Comment

Streamlining Adjudications at the FCC, by Randolph May

On September 3, 2019, the Federal Communications Commission released a Notice of Proposed Rulemaking intended, as the caption of the proceeding has it, to promote “streamlining of administrative hearings.” The agency declares that the “procedures outlined here are designed to supplement the Commission’s current administrative law judge referral process and promote more efficient resolution of […]

Notice & Comment

Delegation of Eminent Domain Powers to Private Entities: In Re PennEast Pipeline Co.

Summary:  Does the federal government’s delegation of its power to take property by eminent domain to private entities allow such entities to bring a federal or state action to acquire state-owned property (despite states’ “Eleventh Amendment” immunity? The Natural Gas Act (“NGA”), 15 U.S.C. §§ 717–717z, allows private gas companies to exercise the federal government’s […]

Notice & Comment

Call for Papers: Federalist Society Article I Initiative Writing Contest on Nondelegation Doctrine

From for the Federalist Society website, here are the details on this year’s Article I Initiative Writing Contest: The Nondelegation Doctrine: Intelligible Principle or Unworkable Standard? The Federalist Society’s Article I Initiative is focused on the critical issue of why the modern Congress is not functioning as the most powerful branch as envisioned by the […]