The US border is now officially closed to everyone, unless the crossing falls under the rather ill-defined category of “essential.” This move is officially described as a public health response to the spread of Coronavirus, but it also happens to coincide with the Trump administration’s frequently stated view that the country is “full.” Furthermore, it […]

I was interested to see that a number of law professors filed comments in response to OMB’s request for information on “Reforming Regulatory Enforcement and Adjudication,” which notice you can find here. OMB expressed its concern that agency adjudications in a number of different ways lacked sufficient process, and invited people to weigh in. In […]

Last week, Jeff Clark, the Assistant Attorney General of the Environment and Natural Resources Division (ENRD), delivered a fascinating speech at the Case Western Reserve University’s Burke Center for Environmental Law. Video of his remarks is here. Among other things, Clark discussed Justice Department guidance he issued the week before concerning supplemental environmental projects (SEPs) […]

In late January 2020, the Trump Administration proposed new regulations to define “controlled by a religious organization” for purposes of religious exemption to Title IX.  The proposed regulations eviscerate the common meaning of control and ignore the grammatical structure of the phrase “by a religious organization.” The new definition would expand the scope of religious […]

It’s always of interest when the Supreme Court takes up an issue on which one has expended substantial scholarly ink. Such is the case for me with Trump v. Pennsylvania and its companion, Little Sisters of the Poor v. Pennsylvania. The Court in this case granted certiorari to address three separate and distinct questions. As […]

This week’s Supreme Court decision in Guerrero-Lasprilla v. Barr does more than subject the Board of Immigration Appeals to broader judicial review over the removal of criminal aliens. It offers clues to Thryv v. Click-to-Call Technologies, an important patent law case that is now before the Court—and that was, in fact, argued the same day […]

In the Spring 2020 issue of Regulation magazine, Jonathan Adler and I have a short essay entitled Nondelegation for the Delegators. This essay previews our longer law-review article Delegation and Time, which is forthcoming in the Iowa Law Review and was the subject of a terrific series over at The Regulatory Review earlier this month. […]

The Fed and Treasury are doing absolutely everything they can think up to respond to the coronavirus crisis, and because of the still very flexible Depression era statutory language constraining them doesn’t offer a whole lot of constraint, even after some amendment in Dodd-Frank, it is all just about legal. I want to raise four questions […]

As part of my effort to identify online resources for teaching and learning administrative law, I thought I’d flag this post from Josh Blackman (and Randy Barnett). Their book Introduction to Constitutional Law is a great introduction and refresher to the main cases, and the accompanying videos are really engaging. The book, which comes with […]

            The Federal Reserve, Treasury, and Congress are working furiously to address the financial, fiscal, and macroeconomic consequences of the coronavirus crisis of 2020. We will debate the appropriate lines between monetary, fiscal, and emergency financial policy in the months and years ahead, but right now it is very important to have as much clarity […]

Deference doctrines such as Chevron and Auer continue to receive criticism from members of the judiciary including members of the Supreme Court. In Kisor, the Supreme Court recently considered whether to overturn Auer and stop deferring to administrative interpretations of their own regulations. Supporters of deference to administrative agencies issued dire warnings that without deference […]

It’s no surprise that in today’s post Administrative Law SSRN Reading List, February 2020 Edition, Julian Mortenson and Nick Bagley’s forthcoming Columbia Law Review article Delegation at the Founding topped the charts, with more than 1,300 downloads. This is an important article that has the potential to reshape the debate on the nondelgation doctrine. One […]

Here is the February 2020 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. Lots of great scholarship for us to read during these social-distancing days! Delegation at the Founding by Julian Davis Mortenson & Nicholas Bagley (Columbia Law […]

Especially during this time of social distancing and online teaching and learning, I thought I’d flag a few resources for learning administrative law online. In this post, I highlight the terrific resources the Federalist Society has produced in recent years. In the coming days and weeks, I will publish additional posts on other online resources, […]