*This is the thirteenth post in a series on Michael Livermore and Richard Revesz’s new book, Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health. For other posts in the series, click here. Does the executive branch have an obligation to abide by past practices when it comes to cost-benefit analysis (CBA)? […]
*This is the twelfth post in a series on Michael Livermore and Richard Revesz’s new book, Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health. For other posts in the series, click here. Reviving Rationality is an important read from two of the legal academy’s foremost experts on the administrative state. It […]
*This is the eleventh post in a series on Michael Livermore and Richard Revesz’s new book, Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health. For other posts in the series, click here. A serious affliction requires potent and targeted medicine. And the situation that Livermore and Revesz so deftly describe in […]
*This is the tenth post in a series on Michael Livermore and Richard Revesz’s new book, Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health. For other posts in the series, click here. With Reviving Rationality (“RR”), Michael Livermore and Richard Revesz (“L&R”) have produced another important, timely, and provocative work on […]
Last semester, I developed a new class at the University of Michigan called Regulating Contagion: Pandemics and Disease in U.S. Legal History (syllabus here). Drawing partly on a seminar I co-taught back in 2015, and partly on work as special counsel to Governor Whitmer on her COVID-19 response, the class advanced three big ideas. First: […]
The ABA Administrative Law Section’s Government Personnel Committee Presents EEO Considerations for Covid-19 and the Federal Workforce Monday October 25, 2021 12 pm – 1:30 pm Eastern Time Via Zoom Please join us for a discussion about the latest developments at the EEOC’s guidance concerning EEO issues in the context of the COVID-19 pandemic and […]
Last fall, in Collins v. Yellen, the U.S. Supreme Court invited me to brief and argue in defense of the constitutionality of the Federal Housing Finance Agency. By statute, the president can only fire the head of the FHFA “for cause.” The question in Collins was whether that provision unconstitutionally limits the president’s removal power. […]
*This is the ninth post in a series on Michael Livermore and Richard Revesz’s new book, Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health. For other posts in the series, click here. Just before Barack Obama took office, Richard Revesz and Michael Livermore published Reinventing Rationality. Their book sought to defend […]
*This is the eighth post in a series on Michael Livermore and Richard Revesz’s new book, Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health. For other posts in the series, click here. Mike Livermore and Ricky Revesz should be applauded for doing the near-impossible in Reviving Rationality—spinning a lively and engaging […]
*This is the seventh post in a series on Michael Livermore and Richard Revesz’s new book, Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health. For other posts in the series, click here. When I was invited to review an early draft of Michael Livermore and Ricky Revesz’s book Reviving Rationality a […]
I am so deeply saddened to report that Professor Richard Parker from the University of Connecticut Law School passed away unexpectedly on Sunday, October 3, 2021. Like many, I first met Richard Parker at the ABA Administrative Law Section’s fall conference many years ago. Richard was so welcoming to a new junior colleague. His smile […]
*This is the sixth post in a series on Michael Livermore and Richard Revesz’s new book, Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health. For other posts in the series, click here. In Reviving Rationality, Livermore and Revesz (“L&R”) argue for a robust rehabilitation of cost-benefit analysis (“CBA”), after its cartoonish […]
Happy to be back with another Fifth Circuit Review—Reviewed! Courts are often asked to decide whether an agency regulation is based on a permissible construction of the statute the agency administers. In those cases, the court must, of course, interpret the statute to decide whether the regulation exceeds the agency’s authority. Other times, though, courts […]
While this is my first post for D.C. Circuit Review – Reviewed, I am happy to return to blogging at Notice & Comment and to be part of the team keeping you up to date when opinions drop — and when they don’t. This week they didn’t. But the D.C. Circuit heard oral argument in […]
*This is the fifth post in a series on Michael Livermore and Richard Revesz’s new book, Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health. For other posts in the series, click here. Reviving Rationality by Michael Livermore and Richard Revesz is a timely and important work. While it has many virtues, the one […]