Notice & Comment

Notice & Comment

Notice & Comment

Debating Daniel Deacon on Title II Reclassification

Daniel Deacon’s recent Notice & Comment post does a nice job of laying out the legal basis that will likely be used by FCC Chairman Wheeler’s proposed Open Internet (a/k/a net neutrality) rules. And his analysis of this legal basis reflects conventional wisdom. He is right that it is reasonably likely that the courts will […]

Notice & Comment

O’Connell on Sohoni on The Power to Privilege (AdLaw Bridge Series)

Last fall I featured Mila Sohoni’s then-forthcoming University of Pennsylvania Law Review article, “The Power to Privilege,” in this Administrative Law Bridge Series. My post is here, and the article was published last month and can be downloaded here. In this article, Professor Sohoni explores a recent legislative development—from the Affordable Care Act—where Congress has delegated […]

Notice & Comment

Title II Reclassification: A Legal Primer

It’s an exciting time for communications law. Later this month, the FCC is expected to reclassify broadband ISPs like Comcast and Verizon as “telecommunications carriers” subject to the requirements contained in Title II of the federal Communications Act. This action follows on the heels of President Obama’s November plea for reclassification. Supporters of the FCC’s […]

Notice & Comment

Respecting the States

One of the strangest things about King v. Burwell is the challengers’ claim that the ACA clearly withholds tax credits from states that refused to set up exchanges. When asked why on earth Congress would do such a thing, the challengers insist that Congress badly wanted the states to establish their own exchanges. The tax […]

Notice & Comment

Shah on Interagency Adjudication Coordination (AdLaw Bridge Series)

A hot topic in administrative law is how to deal with congressional delegation of lawmaking authority to multiple agencies—with Jody Freeman and Jim Rossi’s terrific 2012 article coming immediately to mind. Most of this inquiry has focused on agency rulemaking and the role of the President (via the OMB/OIRA) in coordinating multi-agency regulatory efforts. So […]

Notice & Comment

Despite Flurry of New Rulemakings, DOL Continues Retrospective Review, by Lynn White

On February 3, 2015, the U.S. Department of Labor (DOL) issued a Request for Information (RFI) on “how the Department can increase the effectiveness of its significant regulations while minimizing the burden on regulated entities.”  The RFI is a continuation of the agency’s efforts to comply with President Obama’s Executive Order 13563, which requires agencies […]

Notice & Comment

The Shadow of a Treaty in Garcia v. Google

On December 15th, the Ninth Circuit heard en banc oral arguments in a contentious copyright case:Garcia v. Google. The core questions in the case are interesting enough: whether performer Cindy Lee Garcia can claim copyright protection for her five-second performance in the film Innocence of Muslims, and whether Google should consequently be enjoined from showing […]

Notice & Comment

Meet William Haeberle, Section Law Student Division Representative

1.  Where do you attend law school and what led you to law school? I am a second year student at Case Western Reserve University School of Law in Cleveland, OH and hold a Master’s in Applied Medical Ethics from Arizona State University. I became interested in law while researching issues in public health ethics. […]

Notice & Comment

USDA Proposes Changes To Rules Regarding Livestock Marketing Facilities, by Shannon Allen

The United States Department of Agriculture’s (“USDA’s”) Animal and Plant Health Inspection Service (“APHIS”) issued proposed changes to regulations regarding facilities that receive livestock moved in interstate commerce.  This proposed rule includes several amendments to the conditions under which livestock may move to such facilities without official identification. The goal is to update rules specifically […]

Notice & Comment

Another Strike Against the Plaintiffs’ Case in King

I was reading the ACA again yesterday—a pretty typical Sunday for me—when I came across another statutory clue that Congress could not have meant to strip tax credits from states with federally established exchanges. The ACA requires all individual and small-group insurers to cover the “essential health benefits,” but the statute was pretty vague about […]