Notice & Comment

Notice & Comment

Notice & Comment

Ranking the Big Tech Monopolization Cases, by Daniel A. Crane

The Justice Department’s March 21, 2024 monopolization lawsuit against Apple implements the last piece of an agreement reached between the FTC and DOJ in June of 2019 ceding Facebook/Meta and Amazon to the FTC and Google and Apple to the DOJ. There was never much of a question about whether the federal agencies and their state Attorney General counterparts would launch […]

Notice & Comment

Agency Action, Agency Failure to Act, and Universal Relief in Corner Post v. Board of Governors of the Federal Reserve System, by John Harrison

Corner Post v. Board of Governors of the Federal Reserve System,[1] recently argued in the Supreme Court, mainly concerns the limitations period for judicial review of agency decisions. The case also raises issues about administrative law remedies, which came up briefly at the argument. Important for both sets of issues is that Corner Post, a private […]

Notice & Comment

This Is How To Rebut Major Questions Arguments, by Max Sarinsky

In a forthcoming law review article, Richard Revesz and I contend that agencies should preemptively rebut challenges under the major questions doctrine by drawing parallels to past agency actions. A recent federal regulation offers a template for this analysis.  In its pollution standards for new vehicles issued last week, the Environmental Protection Agency extensively responded to claims that […]

Notice & Comment

The President’s Criminal Immunity

In the Trump era, I made several posts that explored how separation-of-powers principles might protect the President from prosecution, regarding his alleged interference with Department of Justice investigations. I have now written a longer piece, The President’s Criminal Immunity. The abstract is below: This Essay addresses a monumental question that the Supreme Court will soon […]

Notice & Comment

Registration Open: 2024 ABA Administrative Law Spring Conference, May 9-10, 2024, in Washington, DC

Join us in Washington DC for an exceptional conference exploring the forefront of administrative law and government policymaking during a two-day live event in the heart of our nation’s capital. This year, our program will commence with Thursday sessions at The George Washington University Law School, featuring academic workshops, and will conclude with a networking […]

Notice & Comment

ACUS Update: Committees Begin Work on Four New Recommendation Projects, ACUS Completes Website Redesign & More

Cherry blossoms are starting to bloom here in Washington, D.C., which can mean only one thing in the ACUS-sphere: Spring Committee season has begun! Read on to learn more about the projects that will be coming before ACUS committees this spring, when committees will convene to consider them, and how our recent website redesign has […]

Notice & Comment

Ad Law Reading Room: “FDA Leads, States Must Follow,” by Catherine M. Sharkey and Daniel J. Kenny

Today’s Ad Law Reading Room entry is “FDA Leads, States Must Follow,” by Catherine M. Sharkey and Daniel J. Kenny, which is forthcoming in the Washington University Law Review. Here is the abstract: As deference to administrative agencies has steadily come under attack, the FDA is a desert oasis. Courts have long deferred to the […]

Notice & Comment

Ending Judge-Shopping in Cases Challenging Federal Law, by Joseph Mead

The Judicial Conference of the United States recently directed federal district courts to assign cases that seek broad relief, such as a challenge to a federal regulation, randomly on a district-wide basis. The judicial conference’s guidance follows similar statements by the American Bar Association, proposals to amend the federal rules, and proposed legislation.  In any other era, this minutia of […]

Notice & Comment

Vullo and Trevino: The Supreme Court’s Current Term and the NRA’s Fight Against Retaliatory Regulatory Enforcement, by Adam Candeub

Gun rights’ advocates often quip “The Second Amendment protects the other nine.” Now, the National Rifle Association is hoping in two separate, but related cases that the First Amendment will protect it from what it claims is the State of New York’s unlawful regulatory and administrative enforcement.  On March 18 the Supreme Court will hear NRA […]

Notice & Comment

The Costs of KOSA?, by Lawrence J. Spiwak

It is widely believed that social media is, at least in part, responsible for the deteriorating mental health of America’s adolescents and teens.  Politicians have taken notice, and in an election season they are keen to score points with voters back home.  Yet, succumbing to the pressure to do something by November risks ill-formed legislation.  Such is the […]

Notice & Comment

A Way Forward for the SEC and Crypto: The SEC’s History of Tailoring Regulatory Frameworks for Nontraditional Securities

The SEC Chair has stated that in his view, the “vast majority” of cryptoassets are securities, meaning that these products—and market participants—are subject to the federal securities laws and SEC rules.[1]  This poses a conundrum: Compliance with aspects of the securities laws and existing SEC rules is not attainable for cryptoasset securities,[2] absent further regulatory or […]