Notice & Comment

Notice & Comment

Notice & Comment

Sign Stealing and the Antitrust Laws, by Daniel A. Crane

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, […]

Notice & Comment

Call for Papers Michigan Junior Scholars Conference

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 […]

Notice & Comment

Winner of the AALS Administrative Law Section’s 2024 Emerging Scholars Award: Todd Phillips, Commission Chairs, 40 Yale J. on Reg. 277 (2023)

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 […]

Notice & Comment

Deference for Me, But Not for Thee: State Inconsistency on Administrative Deference, by  Michael I. Lurie and Michela Petrosino

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 […]

Notice & Comment

Presidents are Parents Too: Proposing a Reformulated MQD, by Chad Squitieri

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 […]

Notice & Comment

Comparative Administrative Law: Is the U.S. an Outlier? A Concluding Essay, by Susan Rose-Ackerman & Oren Tamir

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 […]

Notice & Comment

Winner of the ABA AdLaw Section’s 2023 Annual Scholarship Award: Nikolas Bowie & Daphna Renan’s The Separation-of-Powers Counterrevolution

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 […]

Notice & Comment

Administrative Law SSRN Reading List, September 2023 Edition

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 […]

Notice & Comment

What would happen to all of the prior Chevron cases in a non-Chevron world?, by Aaron-Andrew P. Bruhl

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 […]

Notice & Comment

With a Cert Grant in Relentless, Inc. v. Department of CommerceLoper Bright Gets Some Company, by Eli Nachmany

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 […]