The Administrative Conference of the United States (ACUS) invites readers to join us tomorrow, Thursday, May 18 (1:00-2:30 p.m. ET) to kick off the inaugural meeting of the ACUS Roundtable on State Administrative Procedural Practices. To attend, please click here to register for the virtual event. As Associate Justice Louis Brandeis famously noted, the states […]
OIRA is, of course, very much in the news lately. What great timing, because the American Enterprise Institute will host a conference this week on the last few years’ developments—the Trump Administration’s approach to regulatory budgeting, and the Biden Administration’s newer and broader reforms. It will be the afternoon of Wednesday, May 17. Full details, […]
The D.C. Circuit issued four opinions last week. 1. I.M. v. United States Customs and Border Protection should be of interest to immigration lawyers in particular. The court (Rao, Walker, Ginsburg) held that an alien who has been removed from the United States cannot challenge that removal order in a habeas proceeding, because such proceedings […]
The Supreme Court recently granted certiorari in Loper Bright Enterprises v. Raimondo, a case where commercial fishers are challenging an agency’s statutory authority to issue a regulation requiring the fishers to pay the wages of inspectors on their boats. The Question Presented (“QP”) that the Court agreed to hear includes a request to overrule Chevron v. NRDC (1984). […]
From the University of Texas School of Law website: The University of Texas School of Law is pleased to host the eighth annual Administrative Law New Scholarship Roundtable on May 16-17, 2023. Texas Law’s Prof. Melissa Wasserman and Prof. Wendy Wagner are organizing the event. The Administrative Law New Scholarship Roundtable is an annual event, […]
From the Pacific Legal Foundation’s website: Pacific Legal Foundation’s Center for the Separation of Powers seeks papers for a research roundtable on ending agency adjudication of private rights to be held near the end of October in Arlington, Virginia. Today, both federal and state agencies with the power to issue substantive regulations, investigate potential violations, […]
The D.C. Circuit issued three opinions last week. Let’s dive right into the two that raised administrative law questions. For one, the D.C. Circuit denied a petition for rehearing en banc in Guedes v. ATF – the bump-stock case. (For our prior coverage, see here and here.) In 2022, a unanimous panel rejected a challenge […]
From West Academic Press: Kristin E. Hickman, University of Minnesota Law SchoolRichard J. Pierce, Jr., The George Washington University Law SchoolChristopher J. Walker, University of Michigan Law School Federal Administrative Law: Cases and Materials, 4th Edition will be published in June and available for your Fall 2023 course. About the Casebook: This casebook is designed with an emphasis on accessibility. […]
Last week, Coinbase launched its first counteroffensive against the Securities Exchange Commission’s (“SEC”) aggressive enforcement posturing in the cryptoeconomy. The cryptocurrency trading platform filed a petition for writ of mandamus asking the Third Circuit to make the SEC act on its petition for rulemaking. The filing raises important questions about administrative power in several respects including agency nullification […]
Well, the D.C. Circuit issued only one decision last week. And judging by the six pages of counsel listings, it was a big one. However, it wasn’t an admin law case, and it’s hard to focus on anything else when the Supreme Court just today granted review on this question: “Whether the Court should overrule […]
The mad dash to the end of the semester this month has resulted in me just barely posting the SSRN reading list before the month turns over to May. But this looks like a terrific group of papers from March. Three more papers on the major questions doctrine (of course), and also two papers from […]
The bipartisan Promoting Women in Aviation Act was introduced in the US Senate on March 30, 2023. The legislation aims to establish the Women in Aviation Advisory Committee (WIAAC) to advise the Secretary of Transportation and the Administrator of the Federal Aviation Administration (FAA) on matters related to women in the aviation industry. The WIAAC […]
Today’s Ad Law Reading Room entry is “Administrative Subordination” by Professor Bijal Shah, which is forthcoming in the University of Chicago Law Review. Here is the abstract: Much of the work on immigration enforcement and environmental justice assumes that agencies negatively impact vulnerable marginalized people as a result of individualized bias or arbitrariness in administration. […]
Fans of Justice Neil Gorsuch have consistently celebrated his “judicial humility,” his abhorrence of inserting “personal preferences” into judicial decisions, and his “critic[ism] of judicial activism.” The Justice himself has remarked on the “modest[y]” of the court since he joined. (Akil Amar, who regards himself as a liberal, managed to fit “modesty” and “humility” into the […]
The D. C. Circuit issued only two opinions this week. In Air Excursions LLC v. Yellen, No. 22-5125, the D.C. Circuit held that Air Excursions, LLC, a regional airline serving Alaska and the Pacific Northwest, had no “competitor standing” under Article III to challenge the Department of Treasury’s disbursement of $30 million in COVID-relief funds […]