We thought you might like to learn more about members in the ABA Administrative Law & Regulatory Practice Section, so we have restarted our Section Member Spotlight Series. Prior posts in this series can be found here, on the Section’s legacy Notice and Comment blog that merged with the Yale Journal on Regulation‘s blog in 2015. The next […]
A Hard Look, a podcast by the Administrative Law Review (ALR), covers recent events in administrative law, regulatory policy, and the critiques and praise of various regulations and their efficacy. When coronavirus forced most universities to adapt to a virtual setting, A Hard Look quickly prepared to plan, record, and edit the second season of […]
Conservative legal thought has always been attracted to formalisms, and there is nothing inherently wrong with that. Formalism can be a useful and appropriate tool. Formalism can have a logic and even an elegance to it, as in Chief Justice Burger’s insistence in Chadha on fidelity to the constitution’s “finely wrought and exhaustively considered procedures” […]
As I noted in my last update, the Administrative Conference is set to host it’s 73rd Plenary Session on Wednesday, December 16 from 10-5 and and Thursday, December 17 from 10-4. The agenda is packed! There are six recommendations and one statement up for debate and adoption. The Federal Register notice advises comments be submitted […]
Here is the November 2020 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. Hayekian Behavioral Economics by Cass R. Sunstein Textualism and the Duck-Rabbit Illusion by Cass R. Sunstein Unrules by Cary Coglianese, Gabriel Scheffler & Daniel Walters […]
Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of arguably “the second most important court in the land.” Today’s post marks the second anniversary of this series. Let’s get straight to business. CA9’s En Banc Process Is Broken . . . A major purpose of en banc proceedings is to bring uniformity to appellate law. It is somewhat ironic, therefore, that the Ninth […]
Barring a sweep of the Georgia Senate runoff elections, the Biden Administration will have to work with a divided Congress for at least two years. That reality makes it unlikely that the incoming administration can press an immigration policy agenda through legislative means. Rather, as with the Obama Administration before it, the Biden Administration will […]
Shortly before Thanksgiving, the Federal Communications Commission (FCC) released a joint memo from its Office of Economics and Analytics (OEA) and Office of General Counsel (OGC) titled “Legal Framework and Considerations for Regulatory Impact Analysis.” The memo marks a significant milestone in the FCC’s ongoing initiative to encourage objective economic analysis and ensure that decision-makers […]
The Senate promptly began a lame duck session after voters had clearly named Joe Biden as President yet seemingly returned a GOP upper chamber majority. These elections followed a number of years in which President Donald Trump and the Republican chamber majority have appointed three extremely conservative, able, young Supreme Court Justices, fifty-three similar appellate […]
Over the last few years, I’ve been contemplating a book project that explores the world of agency action that is insulated from judicial review and what that phenomenon means for the field of administrative law and regulatory practice more generally. A couple years ago I scoped out the need for this project in an essay—Administrative […]
This week, the Supreme Court heard oral arguments in CIC Services v. IRS. That case involves a challenge to Notice 2016-66. Under that notice, material advisors to some reportable transactions face substantial reporting requirements. A failure to satisfy those reporting requirements subjects the taxpayer to potentially severe penalties. See 26 U.S.C. §§ 6111(a) and 6707A(a)-(b). […]
Administrative law is full of court-made doctrines created to ensure the proper functioning of the administrative state but which are frequently invoked by political actors as they use the courts to accomplish their legislative and regulatory policy goals that they failed to enact—or prevent being enacted. Courts should wield their power modestly by respecting Congress’s […]
We thought you might like to learn more about members in the ABA Administrative Law & Regulatory Practice Section, so we have restarted our Section Member Spotlight Series. Prior posts in this series can be found here, on the Section’s legacy Notice and Comment blog that merged with the Yale Journal on Regulation‘s blog in 2015. The third […]
Every President since Jimmy Carter has called on agencies to make retrospective reviews of their regulations. President Clinton’s Executive Order 12866 required agencies to create a program of periodic review of existing significant regulations. More recently both Presidents Obama in E.O. 13563 and Trump in E.O. 13771 likewise have required agencies to engage in retrospective […]
On the final day in November, I’m finally posting the October 2020 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. Hayekian Behavioral Economics by Cass R. Sunstein Textualism and the Duck-Rabbit Illusion by Cass R. Sunstein Unrules by […]