Here is the January 2015 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 William 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 […]
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. […]
The intersection of criminal law and administrative law is a fascinating one. It has been explored primarily and extensively in the context of immigration—so much so that there’s a whole field called crimmigration, with a terrific blog by César Cuauhtémoc García Hernández that covers the field. And most (though not all) of the focus there […]
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 […]
This is the sixth in a series of my posts discussing some of the amicus briefs filed in King v. Burwell: The amici brief filed by the Galen Institute and a group of state legislators views King v. Burwell as an issue of state rights. That is, Section 36B can be understood through the lens […]
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 […]
The Department of Veterans Affairs (“VA”) seeks comment on a proposed rule regarding service animals on VA grounds. At present, VA facility heads or designees have the discretion to approve or bar the presence of service animals on VA property. In contrast, federal law, specifically the Americans with Disabilities Act (“ADA”), more broadly permits guide […]
The Constitution vests all legislative powers in Congress, yet Congress grants expansive lawmaking authority to federal agencies. The conventional model for understanding this relationship between Congress and the administrative state—as positive political theorists have long explored—is to view it in principal-agent terms. In other words, Congress delegates authority to federal agencies, and those agencies are […]
Greetings from the frozen tundra of Northern Indiana! As a new Congress gets set to work, administrative law aficionados are focusing on the Regulatory Accountability Act (“RAA”), which would substantially amend the Administrative Procedure Act. The bill passed the House with a vote of 250-175 and the President is threatening to veto it on the […]
This is the fifth in a series of my posts discussing some of the amicus briefs filed in King v. Burwell: The amici curiae brief of Professor Josh Blackman and the Cato Institute reflects an unusual but effective contribution to King v. Burwell. The brief touches only lightly on the actual question presented, focusing instead […]
Over at Jotwell — the Journal of Things We Like (Lots) — Richard Murphy reviews one of Adrian Vermeule’s latest essays, “Rationally Arbitrary Decisions (in Administrative Law),” which is available on SSRN here. I should probably confess at the outset that Professor Vermeule is one of my favorite administrative law scholars, and I devour everything […]
This is the fourth in a series of my posts discussing some of the amicus briefs filed in King v. Burwell: Our next amicus brief comes two nonprofits groups, the Association of American Physicians & Surgeons and the Citizens’ Council for Health Freedom, along with some individual physicians (the AAPS brief). I will confess that […]
This is the third in a series of my posts discussing some of the amicus briefs filed in King v. Burwell: A group of academics have filed a provocative brief in King v. Burwell, viewing the dispute through the lens of the Constitution’s appropriations clause. The academics argue that the health care law is an […]
This is the second in a series of my posts discussing some of the various amicus briefs filed in King v. Burwell: In their brief supporting the taxpayers, the Washington Legal Foundation and Professor Steven J. Willis argue that Section 36B’s plain text forecloses the IRS’s interpretation. A good chunk of the brief repeats arguments […]
Judging from the Supreme Court’s docket, many attorneys spent their Christmas vacations putting together various amicus briefs supporting the taxpayers in King v. Burwell. Over the next few weeks, I’d like to survey those briefs and offer my reactions to some of them. I expect to offer specific thoughts on the briefs themselves and provide […]