Last week over at Jotwell, Richard Murphy reviewed Auer in Action: Deference After Talk America byCynthia Barmore, which was published last year in the Ohio State Law Journal. Here’s a summary of the paper from the SSRN abstract (the paper is available on SSRN here): For decades, judges and commentators took for granted that courts should […]
Administrative law doctrine and scholarship has traditionally treated agencies as unitary entities and focused upon the proper allocation of authority among agencies, the President, Congress, and the courts. Recently, however, scholars have begun to unlock the “black box” of agency design to identify and evaluate the ways in which administrative law rules allocate decisionmaking authority […]
Peter Conti-Brown’s terrific study of the Federal Reserve arrives amid a small boomlet—I won’t say “bubble”—of new books on our central bank: Roger Lowenstein’s America’s Bank: The Epic Struggle to Create the Federal Reserve; former Chairman Bernanke’s memoir, The Courage to Act; similar memoirs by former Chairman Greenspan and former Treasury Secretary Geithner; Philip Wallach’s […]
The new Washington and Lee Law Review Rankings (based purely on citation counts) are out, and the Yale Journal on Regulation remains the top administrative law journal. It also comes in at No. 56 among all law reviews (based on the “combined” score). Congrats editors! In case you’re curious, here’s the top ten for administrative […]
My thanks to Chris Walker for organizing this symposium and inviting me to participate. It’s a pleasure to be involved and an honor to be among such an impressive line-up of scholars and experts. Like yesterday morning’s contributor, Sam Halabi, the Federal Reserve System is not my area of expertise, but I very much enjoyed […]
Let me begin by echoing Daniel’s thanks to Chris, the Yale Journal on Regulation’s Notice and Comment team, and Peter for the opportunity to reach outside my scholarly comfort zone and hopefully play a useful role in illuminating the importance of Peter’s book not only for scholars of the Federal Reserve system but the legal […]
There is a rumor out there (which may have just started with this post) that one out of every thirteen copies of Peter Conti-Brown’s new book The Power and Independence of the Federal Reserve includes a chapter exploring how over the last century the Freemasons have influenced and in some respect controlled the form and […]
Here’s the press release on the terrific Penn Program on Regulation event today at noon, which will be live-streamed: The Penn Program on Regulation will hold a panel discussion, The Next Five Years in Regulation: An Election Year Conversation, on April 5, 2016 at noon at the University of Pennsylvania, Philadelphia, PA. The session will […]
Let me begin by echoing Daniel’s thanks to Chris, the Yale Journal on Regulation’s Notice and Comment team, and Peter for the opportunity to reach outside my scholarly comfort zone and hopefully play a useful role in illuminating the importance of Peter’s book not only for scholars of the Federal Reserve system but the legal […]
A couple of weeks ago, my wife (also a law professor) and I wrapped up the final session of a seminar that we co-taught called Contagion. We wanted to offer an introduction to the outbreaks of infectious disease that have reshaped American life and law. The class was one of Michigan Law’s “at home mini-seminars,” […]
For those readers who are law professors (or aspiring law professors), I thought I’d note that I’m guestblogging over at PrawfsBlawg this month, doing series on frequently asked questions by junior law professors concerning scholarship and becoming a voice in one’s field. I plan on doing a dozen or so questions, hopefully crowdsourcing answers from the […]
I’m excited to announce that over the next week or so we will be hosting an online symposium reviewing my co-blogger Peter Conti-Brown’s important new book The Power and Independence of the Federal Reserve , which was just published by the Princeton University Press. Here’s an overview of the book from the publisher’s website: The […]
Last month I highlighted an amicus brief by the “who’s who” of administrative law professors in support the Federal Government in United States v. Texas, in which they argue that the Obama Administration’s executive actions on immigration constitute a general statement of policy and thus are not subject to notice-and-comment rulemaking. Today legal scholars Ronald […]
Thanks to Chris Walker for organizing this online symposium, to the editors of the Yale Journal on Regulation for hosting it on their site, and—most of all—to Peter Conti-Brown for writing a brilliant book. In this post, I’ll take issue with one of Peter’s conclusions—that “the [Federal] Reserve Banks are almost certainly unconstitutional” (p. 107)—but […]
Here is the March 2016 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. I’m guest-blogging over at PrawfsBlawg this month and on Monday we kick off a fantastic symposium here at Yale JREG on my co-blogger Peter Conti-Brown’s […]