Notice & Comment

Notice & Comment

Notice & Comment

Supervision, Line-Drawing, and Faithful Execution, by Shalini Bhargava Ray

*This is the fourth post in a series on Adam Cox and Cristina Rodríguez’s book, The President and Immigration Law. For earlier posts in the series, click here. Long before President Obama announced Deferred Action for Childhood Arrivals (DACA) to shield hundreds of thousands of young immigrants from deportation, Adam Cox and Cristina Rodríguez were […]

Notice & Comment

Principals and Principles in Immigration Law, by Jessica Bulman-Pozen

*This is the third post in a series on Adam Cox and Cristina Rodríguez’s book, The President and Immigration Law. For earlier posts in the series, click here. Adam Cox and Cristina Rodríguez have written a brilliant book—one of big arguments, grand scale, and historical sweep, yet also institutional detail, political acuity, and legal nuance; […]

Notice & Comment

A Brilliant but Unsettling Vision of Separation of Powers, by Zachary Price

*This is the second post in a series on Adam Cox and Cristina Rodríguez’s book, The President and Immigration Law. For earlier posts in the series, click here. Adam Cox and Cristina Rodríguez’s The President and Immigration Law is a remarkable scholarly achievement.  Brimming with both theoretical insight and rich historical detail, it should be […]

Notice & Comment

Symposium Introduction: The President and Immigration Law, by Jill E. Family and David S. Rubenstein

*This is the first post in a series on Adam Cox and Cristina Rodríguez’s book, The President and Immigration Law. For later posts in the series, click here. This week and next, the Notice and Comment blog is hosting a web symposium on Adam Cox and Cristina Rodríguez’s book, The President and Immigration Law (Oxford […]

Notice & Comment

A Norm Restored? OMB’s Review of Draft Executive Orders, by Christian I. Bale

One might picture the chief executive behind the Resolute desk, dictating policy to senior staff and sending the orders for implementation. Luckily for good government types, that is not the full picture. From John F. Kennedy until Barack Obama, the Office of Management and Budget has orchestrated an interagency review process—a process ignored by the […]

Notice & Comment

D.C. Circuit Review – Reviewed: Smallness

The big news this week from the D.C. Circuit has nothing to do with administrative law.* But the Court did issue two unanimous opinions about standing that are worth a read. Here is how Judge Rogers begins her opinion in Hawkins v. Haaland (joined by Judges Katsas and Rao): And here is how Judge Walker […]

Notice & Comment

ALR Symposium Issue: Administrative Law in a Time of Crisis: Comparing National Responses to COVID-19

The Administrative Law Review, which is published quarterly by the student staff members at American University Washington College of Law and the Section of Administrative Law and Regulatory Practice of the American Bar Association, just published a terrific symposium issue on comparative regulatory responses to COVID-19. Congratulations to the editors and authors for producing such […]

Notice & Comment

Reviving Rationality: Emmett Institute Book Talk with Michael Livermore and Richard Revesz 3/17

From the Emmett Institute: Reviving Rationality: Emmett Institute Book Talk with Michael Livermore and Richard Revesz  Date: Wednesday, March 17, 2021 Time: 12:15 pm -1:30 pm Pacific time RSVP: Register HERE to receive Zoom information. For decades, administrations of both political parties have used cost-benefit analysis to evaluate and improve federal policy in a variety […]

Notice & Comment

An Open-Source Administrative Law Casebook?, by Jud Mathews

I really enjoy thinking and talking about casebooks, and administrative law casebooks especially. (This is why I am such a sought-after guest at parties.) Famously hard to teach, administrative law is a challenging subject with ill-defined and contested boundaries. What’s core and what is peripheral? What’s the right balance between constitutional and non-constitutional law? Between […]

Notice & Comment

Ninth Circuit Review-Reviewed: Panel Ushers in Pretextual Review under Dept. of Commerce v. New York, by William Yeatman

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to business. Panel Nixes Rail Reg over Agency Pretext The biggest development last month was the Ninth Circuit’s inaugural application of *pretextual review* as established by the Supreme Court in […]