Notice & Comment

Notice & Comment

Notice & Comment

Introduction to Symposium on Peter Conti-Brown & Sean Vanatta’s Private Finance, Public Power: A History of Bank Supervision in America, by Brian D. Feinstein

This post introduces Notice & Comment’s symposium on Peter Conti-Brown and Sean Vanatta’s Private Finance, Public Power: A History of Bank Supervision in America. For other posts in the series, click here. Bank supervision resists easy categorization. Sometimes, supervisors resemble cops on the beat, enforcing laws and pursuing violators. At other times, they are akin […]

Notice & Comment

Can Tribal Sovereign Immunity Undermine Judicial Review Under the APA: Maverick Gaming LLC v. United States

Should a court dismiss a lawsuit challenging a federal agency’s action because a tribal authority is a Rule 19 “required party,” Fed. R. Civ. P. 19(a), not subject to mandatory joinder due to tribal sovereign immunity?  This question is raised in a currently pending certiorari petition.  Maverick Gaming LLC v. United States, Dkt. No. 24-1161 […]

Notice & Comment

D.C. Circuit Review—Reviewed: Tucker Act

The Tucker Act has been in the news a lot lately, as a centerpiece of litigation over various Trump Administration grant terminations. The Tucker Act requires parties with contract claims against the government to bring those claims in the Court of Federal Claims. The Court of Federal Claims can award damages, but unlike a federal […]

Notice & Comment

Fifth Circuit Review – Reviewed: When Congress Says ‘No Court,’ It Means No Court

There’s a saying among Fifth Circuit clerks, practitioners, and court-watchers: “Hated, adored, never ignored.”  But when it comes to administrative law, that last part hasn’t really been true lately.  In recent months, the flow of administrative and regulatory opinions from the Fifth has slowed to a crawl.  The reason is pretty simple: politics.  During the […]

Notice & Comment

Call for Papers: Scholarship Roundtable on State and Local Governance: Agencies, Institutions, and Infrastructure

I’m very excited that we’ll be hosting this scholarship roundtable at Michigan Law next semester. Don’t hesitate to reach out to me if you have any questions. Here are the details on the call for papers: The University of Wisconsin Law School’s State Democracy Research Initiative (SDRI) is pleased to announce a Roundtable on State […]

Notice & Comment

Conflating Taxes With Tariffs: Clear Error in the Federal Circuit’s Tariff Opinion, by Chad Squitieri

Last Friday, the Federal Circuit issued its opinion in V.O.S. Selections v. Trump, which concerns whether the International Emergency Economic Powers Act (“IEEPA”) empowers the President to impose emergency tariffs.  In a 7-4 opinion, the Federal Circuit ruled that IEEPA did not authorize the challenged tariffs.  Given how oral argument had gone, that ruling was […]

Notice & Comment

Ad Law Reading Room: “Rubber Stamps,” by Adam Samaha

Today’s Ad Law Reading Room entry is “Rubber Stamps,” by Adam M. Samaha. Here is the abstract: Rubber-stamping is more often alleged than understood. The basic idea involves someone with formal authority following the views of another actor without serious second thought. Such arrangements are broadly disreputable yet terrifically common in government, and they lack […]

Notice & Comment

D.C. Circuit Review—Reviewed: Notice and Comment, Judicial Discipline, and More

Last week, the D.C. Circuit adopted an interesting remedy in a notice-and-comment case; dealt with an analogy between administrative proceedings and judicial disciplinary proceedings; and addressed the standards for scientific studies in an arbitrary-and-capricious case. It also issued an order staying an injunction against the removal of two members of the National Credit Union Administration. […]

Notice & Comment

How the GENIUS Act Regulates Foreign Issuers—and How It Compares to Europe and the UK, by Benedikt Bartylla

After years of turmoil, Congress has passed the first major piece of federal crypto regulation. The “Guiding and Establishing National Innovation for U.S. Stablecoins Act” (the GENIUS Act) provides a comprehensive regulatory framework for the stablecoin business. A cause to celebrate? Some will certainly think so (participants of the party co-hosted by Coinbase and Circle […]

Notice & Comment

Comparative Administrative Law Scholarship Corner (August 2025)

Here is the list of works included in the August 2025 Comparative Administrative Law Scholarship Corner, which is curated by Eduardo Jordão (FGV Law School, Rio de Janeiro), with the assistance of Eduarda Onzi. The Scholarship Corner is a resource provided through the Comparative Administrative Law listserv. For more information about this terrific resource, check out […]

Notice & Comment

Call for Nominations: AALS Administrative Law Section Emerging Scholars Award

From Timothy Lytton: The AALS Administrative Law Section invites nominations for the 2026 Emerging Scholar Award for scholarship published between September 1, 2024, and August 31, 2025. Fulltime faculty members without tenure at the time of the work’s publication (including individuals with fellowships, visiting assistant professorships, or similar positions) are eligible. Nominations should be directed […]

Notice & Comment

Ad Law Reading Room: “Loper Bright’s Disingenuity,” by Coglianese and Froomkin

Today’s Ad Law Reading Room entry is “Loper Bright’s Disingenuity,” by Cary Coglianese and David Froomkin. Here is the abstract: Loper Bright prompted a tidal wave of reaction throughout the legal community when the Supreme Court announced it was overruling Chevron, the most frequently cited Court decision in administrative law. But Loper Bright cannot mean […]