On December 21, 2015, the National Institute of Standards and Technology (NIST) transmitted to Congress a strategy for U.S. Government engagement in international standardization for cybersecurity. Development of such a strategy was required by the Cybersecurity Enhancement Act of 2014, which tasked NIST to work with relevant federal agencies to ensure interagency coordination in “the […]

Today is a sad day for the United States. My favorite memory of Justice Scalia involves Halloween. I don’t know if the Supreme Court does this every year, but when I was there as a law clerk, the Supreme Court invited all the children of clerks to trick-or-treat from chambers to chambers. My kids were […]

To follow up on yesterday’s update on House v. Burwell, I thought it might be useful to post the briefs accompanying the cross-motions for summary judgment. To my knowledge, they haven’t been made publicly available elsewhere: House’s Opening Brief. Burwell’s Opening Brief. House’s Opposition Brief. Burwell’s Opposition Brief. House’s Reply Brief. Burwell’s Reply Brief.

In an essay published earlier this week, Prof. Michael Kagan expresses concern that “one aspect” of the Obama administration’s executive actions on immigration might be vulnerable when the Supreme Court adjudicates United States v. Texas later this year. In particular, Kagan worries that the plaintiffs might “have a valid point” when they assert that the administration’s initiatives—Deferred […]

On January 27, 2016, the White House Office of Management and Budget (OMB) published its long-awaited revision of Circular A-119 on “Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities.” The new policy was developed through an interagency process that took into account public input received during two […]

In House v. Burwell news, the Obama administration and the House of Representatives have each filed their final briefs on whether Congress has supplied an appropriation for the cost-sharing subsidies. The government has requested oral argument in the case, but a hearing date has yet to be scheduled. What happens when and if the court […]

In November 2015, the Office of the United States Trade Representative (USTR) released the full textof the Trans-Pacific Partnership Agreement (TPP), a free trade agreement that was negotiated by the United States with eleven countries from Asia and the Americas: Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam. The Agreement […]

This week the blog is hosting an online symposium entitled Is Immigration Law Administrative Law?, which is based primarily on a panel by the same name that was part of the 2016 Annual Meeting of the Association of American Law Schools. You can read the entire series, as well as other immigration-related posts, here. My contribution […]

It’s fitting that during our week-long online symposium on the intersection of immigration law and administrative law here at the Yale Journal on Regulation the Federalist Society will be hosting a teleforum Thursday on United States v. Texas — the challenge to the Obama Administration’s executive actions on immigration that the Supreme Court will hear […]