With Christmas season behind us, my children have found one way to keep the spirit alive through the long, cold winter nights that lie ahead: by continuing to demand The Twelve Days of Christmas as their bedtime song. You might think this would grow old, even for my toddler, but they keep the excitement up […]
*This is the fifth post in a symposium on Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand’s “Networks, Platforms, and Utilities: Law and Policy.” For other posts in the series, click here. The new casebook by Morgan Ricks, Ganesh Sitaraman, Shelley Welton and Lev Menand on the law and policy of networks, platforms, and utilities […]
BYU Law is hosting a series of free conferences and webinars on antitrust and tech-related regulatory issues. Our next conference will be on Friday, February 24 in Washington D.C. (and remotely), and will address the past, present, and future of Federal Trade Commission rulemaking — a timely topic for obvious reasons. Commissioner Christine Wilson and Elizabeth […]
Back in February 2021, in the early days of the Biden Administration, I wrote about when we might expect to see a nominee for the administrator of the Office of Information and Regulatory Affairs (OIRA). The conventional wisdom is that Cabinet heads go first and then the administration works its way down the hierarchy filling […]
*This is the fourth post in a symposium on Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand’s “Networks, Platforms, and Utilities: Law and Policy.” For other posts in the series, click here. “We encourage you to think of it as offering something like a liberal arts education in the structural foundations of American capitalism.” (p. […]
At its plenary session in December, the Administrative Conference of the United States (ACUS) voted to adopt a recommendation to improve precedential decision making in agency adjudication. This recommendation is based on my report with Melissa Wasserman and Matt Wiener entitled Precedential Decision Making in Agency Adjudication. Last week, those recommendations were published in the […]
*This is the third post in a symposium on Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand’s “Networks, Platforms, and Utilities: Law and Policy.” For other posts in the series, click here. In the preface to the 1994 edition of Economic Regulation: Cases and Materials (a precursor to Networks, Platforms, and Utilities (NPU) Law & […]
*This is the second post in a symposium on Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand’s “Networks, Platforms, and Utilities: Law and Policy.” For other posts in the series, click here. Networks, Platforms, and Utilities is the casebook I wish I’d written. It’s also the casebook I wish I’d had available for the past […]
*This is the first post in a symposium on Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand’s “Networks, Platforms, and Utilities: Law and Policy.” For other posts in the series, click here. One of my prized possessions is an unsolicited letter I received after publishing my very first academic article in August 1993. The article, […]
*This is the introduction to a symposium on Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand’s “Networks, Platforms, and Utilities: Law and Policy.” For other posts in the series, click here. We are grateful to the Yale Journal on Regulation for hosting this symposium on our new law school casebook, Networks, Platforms, and Utilities: Law […]
Arriving in New York City, you might take the Van Wyck Expressway past the Jackie Robinson Parkway on your way from JFK airport. Or you might cross the Kościuszko Bridge as you travel from LaGuardia airport. Or you might take the George Washington Bridge to the Major Deegan Expressway. Or, you might use the Goethals […]
As we honor Dr. Martin Luther King, Jr. and we look toward Black History Month, we are reminded that we all have a role to play in making a more just society. As Dr. King wrote from the Birmingham, Alabama jail, “Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, […]
It’s no secret that today’s Supreme Court is not a fan of Humphrey’s Executor. Especially read together, Free Enterprise Fund, Seila Law, and Collins strongly hint that the Court’s support for Humphrey’s Executor rests on stare decisis alone. Indeed, Seila Law construes Humphrey’s Executor‘s holding so narrowly that — at least if Seila Law is […]
When we restarted D.C. Circuit Review–Reviewed in 2021, Aimee Brown — a younger lawyer with lots of smarts and gumption — was a key part of our team. Last year, Aimee left the group to move into government service. I’m pleased to see that she has reemerged. Indeed: Although Aimee has gone on to grander […]
Debates and scholarship over what the major questions doctrine is—and what it will mean for administrative law—have proliferated since the Supreme Court’s decisions in Alabama Realtors v. HHS, NFIB v. OSHA, and West Virginia v. EPA. The Association of American Law Schools (AALS) annual meeting last week was no exception, with multiple panels on the […]