*This is the fourth post in a series on Adam Cox and Cristina Rodríguez’s book, The President and Immigration Law. For earlier posts in the series, click here. Long before President Obama announced Deferred Action for Childhood Arrivals (DACA) to shield hundreds of thousands of young immigrants from deportation, Adam Cox and Cristina Rodríguez were […]
*This is the third post in a series on Adam Cox and Cristina Rodríguez’s book, The President and Immigration Law. For earlier posts in the series, click here. Adam Cox and Cristina Rodríguez have written a brilliant book—one of big arguments, grand scale, and historical sweep, yet also institutional detail, political acuity, and legal nuance; […]
*This is the second post in a series on Adam Cox and Cristina Rodríguez’s book, The President and Immigration Law. For earlier posts in the series, click here. Adam Cox and Cristina Rodríguez’s The President and Immigration Law is a remarkable scholarly achievement. Brimming with both theoretical insight and rich historical detail, it should be […]
*This is the first post in a series on Adam Cox and Cristina Rodríguez’s book, The President and Immigration Law. For later posts in the series, click here. This week and next, the Notice and Comment blog is hosting a web symposium on Adam Cox and Cristina Rodríguez’s book, The President and Immigration Law (Oxford […]
One might picture the chief executive behind the Resolute desk, dictating policy to senior staff and sending the orders for implementation. Luckily for good government types, that is not the full picture. From John F. Kennedy until Barack Obama, the Office of Management and Budget has orchestrated an interagency review process—a process ignored by the […]
I am so thrilled to hear tonight that our regular blogger and BYU Law Professor (and my friend and frequent coauthor) Aaron Nielson received the Federalist Society’s 2021 Joseph Story Award. The Story Award is given out annually to one young academic (40 years and under) who has “demonstrated excellence in legal scholarship, a commitment […]
The big news this week from the D.C. Circuit has nothing to do with administrative law.* But the Court did issue two unanimous opinions about standing that are worth a read. Here is how Judge Rogers begins her opinion in Hawkins v. Haaland (joined by Judges Katsas and Rao): And here is how Judge Walker […]
This week, the U.S. District Court for the Southern District of Indiana issued a preliminary injunction in Eli Lilly & Co. v. Cochran to prevent the U.S. Department of Health & Human Services (HHS) from implementing an alternative dispute resolution rule that applied to the 340B drug pricing program, on the grounds that the agency […]
The Administrative Law Review, which is published quarterly by the student staff members at American University Washington College of Law and the Section of Administrative Law and Regulatory Practice of the American Bar Association, just published a terrific symposium issue on comparative regulatory responses to COVID-19. Congratulations to the editors and authors for producing such […]
From the Emmett Institute: Reviving Rationality: Emmett Institute Book Talk with Michael Livermore and Richard Revesz Date: Wednesday, March 17, 2021 Time: 12:15 pm -1:30 pm Pacific time RSVP: Register HERE to receive Zoom information. For decades, administrations of both political parties have used cost-benefit analysis to evaluate and improve federal policy in a variety […]
We have seen a lot of really terrific administrative law scholarship so far this year, and the top ten for February is only the tip of the iceberg. Here is the February 2021 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 […]
I really enjoy thinking and talking about casebooks, and administrative law casebooks especially. (This is why I am such a sought-after guest at parties.) Famously hard to teach, administrative law is a challenging subject with ill-defined and contested boundaries. What’s core and what is peripheral? What’s the right balance between constitutional and non-constitutional law? Between […]
For the first time in more than two decades, former Chief Judge Merrick Garland is no longer a judge of the D.C. Circuit. Judge Garland, of course, was a formidable judge — smart, talented, witty, dutiful, collegial, and a mentor to his scores of clerks. And to top it off, he is quick to show […]
Sunshine Week, March 15-19, 2021, will soon be upon us. And just in time for its celebrants’ revelries (or perhaps simply virtual conferences and commemorations), the Supreme Court has handed down the major Freedom of Information Act (“FOIA”) decision expected this term, U.S. Fish & Wildlife Service v. Sierra Club, 2021 WL 816352. Alas, the […]
Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to business. Panel Nixes Rail Reg over Agency Pretext The biggest development last month was the Ninth Circuit’s inaugural application of *pretextual review* as established by the Supreme Court in […]