Notice & Comment

Notice & Comment

Notice & Comment

Call for Nominations: AALS Administrative Law Section Emerging Scholar Award

From Kathryn Kovacs: In January, the AALS Administrative Law Section presented Joy Milligan its first Emerging Scholar Award. Nominations for this year’s award are due on September 30, 2021. Self-nominations are welcome! Fulltime faculty members without tenure at the time of the work’s publication, including those with fellowships, visiting assistant professorships, or similar positions, are […]

Notice & Comment

The Logic of Collins v. Yellen

Today, President Biden fired the head of the Social Security Administration, despite the fact that Congress has declared that “[a]n individual serving in the office of Commissioner may be removed from office only pursuant to a finding by the President of neglect of duty or malfeasance in office.” The Office of Legal Counsel justified this […]

Notice & Comment

U.S. v. Arthrex: Exploring Justice Thomas’s Call to Reexamine Edmond – Part 1, by Thomas Berry

Four years ago in NLRB v. SW General (2017), Justice Clarence Thomas argued in a concurring opinion that the general counsel of the NLRB “is likely a principal officer” and that appointing an acting general counsel without Senate consent “raises grave constitutional concerns.” In that concurrence, Justice Thomas applied the test for distinguishing “principal” and […]

Notice & Comment

The Supreme Court’s “Exceptional” Term, by Cary Coglianese, Gabriel Scheffler, and Daniel E. Walters

Much has been made about how to characterize the Supreme Court’s recently finished October 2020 term. Some have suggested it was relatively quiet, especially compared to the heavily anticipated October 2021 term, while others have highlighted potentially important decisions, such as Brnovich and TransUnion, that could fundamentally reshape the law, depending on how they are […]

Notice & Comment

Federalist Society Webinar 7/12 2PM: Immigration Policymaking in the Biden Administration

In a Federalist Society webinar on Monday, July 12, 2021, at 2PM eastern, my coauthor Shoba Sivaprasad Wadhia and I will be discussing our article The Case Against Chevron Deference in Immigration Adjudication, as well as the Biden Administration’s apparent move from adjudication and guidance to rulemaking for major immigration policy. Dick Pierce and Susan […]

Notice & Comment

Administrative Law Scholars’ Wild Ride, by Jon Michaels

This past week, the administrative law listserv—and a longer treatment, titled Fasten Your Seatbelts, The FTC Is About to Take Us on a Rollercoaster Ride, published on this blog—has had plenty to say about Chair Lina Khan and her stewardship of the FTC. What motivates me to write, however, is the surprising and surprisingly uncharitable […]

Notice & Comment

Congressional Standing and Transunion v. Ramirez

In Transunion v. Ramirez, the Supreme Court illustrated the limits on Congress’s authority to establish an Article III “injury in fact.” Though the case involved a lawsuit by private plaintiffs against a private company, the Court’s decision will likely affect standing doctrine in other contexts. As discussed here, the Transunion case may negatively affect congressional […]

Notice & Comment

NTSB Accident Investigations and the “Consultant’s Corollary”

“From tragedy we draw knowledge to protect the safety of us all.”[1] When an aviation accident or a significant highway, marine, railroad, pipeline, or hazardous-materials accident occurs, the National Transportation Safety Board (“NTSB”) springs into action.  See, 49 U.S.C. § 1131 (listing types of accidents within the NTSB’s jurisdiction). The NTSB investigates the accident’s causes, […]