From the program organizers Kent Barnett, Jarrod Shobe, and Evan Zoldan: If you are attending AALS this year in Washington, D.C., please join our New Voices in Administrative Law and Legislation program on Friday, January 3 at 3:30 to 5:15 in the Roosevelt 5 Room at the Marriott Wardman Park. Twelve of our colleagues will […]
Medicare and Medicaid were enacted in 1965, and for more than four decades, advocates fought for universal health insurance largely without success. Then, in 2009, the first major priority of the Democratic-controlled House, 59-vote Democratic majority Senate, and Democratic President was to enact the Affordable Care Act, bringing health insurance to millions. These politicians passed […]
With the transition to the new blog platform, it appears that my October 2019 edition of the AdLaw SSRN reading list has disappeared. So I’m combining both the October and November lists in this post (with the year-end December post to come shortly after the new year). Here is the October 2019 Edition of the […]
My extended family enjoys large holiday meals. When lots of individual families bring food, the multi-family table fills up quickly. On Christmas Eve, for instance, we had both a turkey and a ham — and potatoes, stuffing, rolls, and pie(s). Then on Christmas, we rendezvoused again for two kinds of enchiladas, Spanish rice, watermelon,* crunchy […]
In 2016, I wrote a lengthy post about Christmas in the D.C. Circuit. Since then, I have been updating it every year.* So here you go — the 2019 edition of the story of Christmas in the D.C. Circuit. Be warned, though: Christmas is not always jolly. Consider, for instance, the case of Anderson v. White, […]
To Justice Breyer’s chagrin, the Court in Lucia v. SEC and Free Enterprise Fund v. PCAOB expressly declined to resolve whether the U.S. Constitution condones statutory protection from at-will removal for administrative law judges and other similarly situated agency adjudicators. These thousands of adjudicators enjoy two layers of for-cause statutory protections between them and the […]
As I first noted on the blog five years ago, the Administrative Law Section of Jotwell—The Journal of Things We Like (Lots)—is a terrific resource for administrative law practitioners and scholars. Jotwell’s Administrative Law Section publishes monthly a short review of a current piece of administrative law scholarship, usually authored by one of our contributing editors who are all leading […]
Well now he’s done it — big time. Orin Kerr has crossed the line. Sure, Professor Kerr writes interesting posts over at the Volokh Conspiracy. Yes, he may be the leading Fourth Amendment scholar of his generation. And true, he may be sociable — even friendly — when you speak to him in person. But […]
In a letter issued yesterday, the general counsel of the U.S. Government Accountability Office (GAO) opined that the Office of Information and Regulatory Affairs (OIRA) violated the Antideficiency Act (ADA) when it worked on Department of Labor rules during last winter’s government shutdown. Shutdowns happen when an agency does not have an appropriation from Congress. […]
Pursuant to the Constitution’s Article VI Supremacy Clause, federal laws and regulations preempt conflicting state laws. But may state laws be preempted when they clash with a federal policy of nonregulation? The answer to that question may well determine whether the Federal Communications Commission’s 2018 Restoring Internet Freedom Order (RIF Order) preempts state net neutrality […]
The D.C. Circuit is wrestling with some fascinating issues in Fleming v. U.S. Department of Agriculture, Docket No. 17-1246. The dispute has its roots in the Supreme Court’s 1936 opinion in Morgan v. U.S., 298 U.S. 468 (1936), often referred to as Morgan I. In the context of an adjudication with an 11,000 page record […]
From the American Constitution Society website: About the Cudahy Competition The American Constitution Society is pleased to announce the Thirteenth Annual Richard D. Cudahy Writing Competition on Regulatory and Administrative Law. Judge Cudahy’s distinguished contributions to the fields of regulatory and administrative law combined a keen grasp of legal doctrine, deep insight into the institutional […]
For all of its encouraging moments, the Justice Department’s “Summit on Modernizing the Administrative Procedure Act” was also replete with reminders that the difficulties of modern administrative law are in large part the ramifications of the light-handed Nondelegation Doctrine. When agencies are given enormous power, we reliably reach for auxiliary precautions to encourage steady, accountable […]
On December 7, the Department of Justice held an unusual “summit” on reforming the Administrative Procedure Act in its Great Hall. The keynote speaker was Deputy Attorney General Jeffrey A. Rosen. The major theme of its three panels was that it was past time for the APA to be “modernized.” Various suggestions were heard ranging […]
On Friday, November 15, 2019, at the section’s annual fall meeting, I was pleased to present the ABA Administrative Law Section’s Award for the Best Scholarship in the field published in 2018 (which the 2019 award recognizes). The section’s award committee, which I chair, includes Bill Araiza, Jack Beermann, Jonathan Cedarbaum, Neal Devins, and Emily […]