The D. C. Circuit issued no opinions last week, but gathered en banc in the Ceremonial Courtroom of the U. S. Courthouse in D. C. on November 3 for the investiture of its newest member, Judge Bradley N. Garcia. I cannot report objectively on this matter because Judge Garcia clerked for me back-in-the day, which, as […]
As anyone who follows college football is aware, the University of Michigan is under investigation from the NCAA and Big 10 Conference for “sign stealing”—gathering information on future opponents’ play signals. Given Michigan’s national title aspirations, the potential for sanctions is obviously bad news. Michigan has now fired back with evidence that three other Big 10 teams—Rutgers, […]
The D.C. Circuit didn’t release any opinions during the week of October 23–27. Since there weren’t any opinions to recap, I thought I would highlight one of my favorite passages from the Federalist No. 1, which was published 236 years ago on October 27, 1787. In that paper, Alexander Hamilton recognized that the Constitution would […]
The University of Michigan Law School is pleased to invite junior scholars to attend the 10th Annual Junior Scholars Conference, which will take place in-person on April 12-13, 2024, in Ann Arbor, Michigan. The Conference provides junior scholars with a platform to present and discuss their work with peers and receive feedback from prominent members of […]
Congratulations to the winner of the AALS Section on Administrative Law‘s 2024 Emerging Scholars Award for Outstanding Scholarly Publication: Todd Phillips, for his article Commission Chairs, 40 Yale J. on Reg. 277 (2023). Go give the paper a download and read here. Here is the abstract: Since 1950, Congress has granted chairs of many multimember […]
How much, if any, deference does a state agency’s guidance deserve? This is an important question of state law, as deference can allow an agency to win even when its legal position is not the best interpretation of the law.[1] Over the past decade, state legislatures,[2] state courts,[3] and the public[4] have begun to grow wary of the […]
The D.C. Circuit issued one opinion last week in United States v. Robertson. The case was argued on May 11, so the decision is apparently a rare holdover from last term, but it is no surprise that the 45-page majority (Pan, joined by Pillard) and 34-page dissent (Henderson) spilled over into the 2023 term. Robertson […]
As Justice Barrett explained in Biden v. Nebraska, she views the major questions doctrine (“MQD”) a bit differently than her colleagues. While other justices consider the MQD to be a substantive canon (i.e., a canon of statutory interpretation that promotes a policy norm existing external to a statute), Justice Barrett indicated that she understands the MQD to be […]
The Association of American Law Schools (AALS) Section on Administrative Law is pleased to announce the “New Voices in Administrative Law” program for the 2024 AALS Annual Meeting, which will be held in person in Washington, DC. The New Voices program gives junior administrative law scholars an opportunity to receive useful feedback on their work […]
This post is the concluding essay by the authors for a symposium published over at the Balkinization blog on the topic of “The Chevron Doctrine through the Lens of Comparative Law.” All of the contributions to the symposium can be found at this link. Over the past two weeks, the Balkinization blog hosted a wide-ranging symposium about judicial deference to the […]
Today’s Ad Law Reading Room is “Standing Without Injury,” by Jonathan H. Adler, which is forthcoming in the Wake Forest Law Review. Here is the abstract: It is well-established that injury in fact is an essential element of Article III standing, but should it be? Academics have long criticized the Supreme Court’s standing jurisprudence. These […]
Please join me in congratulating Professors Nikolas Bowie and Daphna Renan for winning the ABA Administrative Law and Regulatory Practice Section’s 2023 Annual Scholarship Award, which recognizes the best scholarly work published in the field of administrative law during 2022. Their article, The Separation-of-Powers Counterrevolution, 131 Yale L.J. 2020 (2022), presents an original insight and new […]
Here is the September 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. For more on why SSRN and this eJournal are such terrific resources for administrative law scholars and practitioners, check out my first post on the subject here. You can check […]
In Loper Bright Enterprises v. Raimondo and its companion case Relentless, Inc. v. Department of Commerce, the Supreme Court will decide whether to overrule Chevron deference, narrow it, or leave it be. (Chevron, if any readers of this publication need to be reminded, is the doctrine providing that courts must defer to reasonable agency interpretations of unclear statutes.) Some commentators predict […]
Loper Bright Enterprises v. Raimondo is no longer the only Chevron case that the Supreme Court will consider this term. The Court just granted certiorari in a new case—Relentless, Inc. v. Department of Commerce—that will be argued in tandem with Loper Bright. Alongside resolving a recusal issue, adding Relentless to the mix could impact the way the Court approaches writing its […]