Will Baude has a thoughtful response to my somewhat grumpy take on David Lat’s very engaging novel, Supreme Ambitions. As with my other post, spoiler alert: the whole analysis and debate here reveal the book’s major plot twists. Will and I agree on a lot, but he makes two points that differ from mine: first, […]
Over at Jotwell — the Journal of Things We Like (Lots) — Betrall Ross has a terrific review of Jennifer Nou’s latest article “Sub-Regulating Elections.” This article was just published in the Supreme Court Review, and is available behind a paywall on JSTOR here. An earlier draft is also available (for free) on SSRN here. Here’s a summary […]
Meet Nina Mendelson, the Joseph L. Sax Collegiate Professor of Law at the University of Michigan Law School. Below, Prof. Mendelson discusses her diverse experiences with administrative law, and shares her thoughts about challenges facing both attorneys and agencies. 1. What led you to a career in law? How did you become interested in studying […]
There is a largely intramural dispute within the Democratic Party about the wisdom (or not) of appointing Antonio Weiss to a senior position at the Treasury Department. Weiss’s title would be the Under Secretary of the Treasury for Domestic Finance (UDF), but he would effectively occupy the third chair in the Treasury’s C-suite and thus […]
In my last post, I introduced the topic of the strengths and weaknesses of the International Health Regulations (2005) as they have been exposed by the world’s response to the Ebola outbreak generally and by the World Health Organization’s response specifically. In this post I’ll address both a strength and a weakness: Annex 2 to […]
The National Science Foundation (“NSF”) seeks input on the proposed collection of information for a “Large Facilities Manual.” The NSF intends to administer this information collection for a period of three years. The NSF’s mission and purpose is “To promote the progress of science; to advance the national health, prosperity, and welfare; to secure the […]
As I mentioned last week, the Green Bag just published a micro-symposium on Justice Antonin Scalia and Professor Bryan Garner‘s treatise Reading Law: The Interpretation of Legal Texts. I blogged about the first half of the symposium last week here. And I blogged about Reading Law‘s usefulness in the classroom and in administrative law practice here — […]
SPOILER ALERT: This post will discuss some of the late-breaking developments of David Lat’s new novel, Supreme Ambitions: A Novel Forgive the diversion from financial regulation/central banking, but I’ve read David Lat’s Supreme Ambitions , a consuming thriller about—I’m not kidding—judicial law clerks. Since I imagine our readership and Lat’s readership overlap to some extent, […]
Yesterday I blogged about the first half of the Green Bag‘s micro-symposium on Scalia and Garner’s treatise Reading Law: The Interpretation of Legal Texts. That post is here, and the micro-symposium can be downloaded here. My terrific research assistant Andrew Mikac and I contributed a 1,000-word essay to the symposium, focusing on the usefulness of […]
The government says that its regulations require it to withhold data. The government is wrong. In the case of the missing substance use data , CMS has fingered a culprit. It’s those pesky regulations: specifically, regulations in Part 2 of Volume 42 of the Code of Federal Regulations. The Substance Abuse and Mental Health Services […]
I have a new piece at the New England Journal of Medicine, co-authored with David Jones and Tim Jost, that grapples with the practical consequences of a Supreme Court decision against the government in King v. Burwell. As we explain, the fallout could be much worse than is commonly appreciated. In particular, we are not […]
Earlier this year the Green Bag — one of my favorite law journals — did a call for papers on Justice Antonin Scalia and Professor Bryan Garner’s treatise Reading Law: The Interpretation of Legal Texts. Scalia and Garner’s Reading Law has been the subject of much praise and criticism since it was published in 2012, with the headline […]
Last week the Administrative Conference of the United States (ACUS) held its 61st Plenary Session. I’ve previously blogged about the important work ACUS does for the federal regulatory state. I hope to find more time to blog about the three recommendations ACUS approved — especially the one on retrospective review of agency rules. But for now I’ll just provide […]
Last month, UCLA law professor Sam Bray posted his essay, “On Doctrines That Do Many Things.” The essay does not address administrative or regulatory law directly, but it is well worth the read and certainly worth blogging about here for a few reasons. First, the essay is a sadly neglected genre of legal scholarship. There […]
The Penn Program on Regulation, which is perhaps best known for its terrific RegBlog, just posted its call for applications for its fellowship program. This program is for aspiring academics who have not yet held a tenure-track position. It seems like a terrific opportunity for anyone aspiring to be an adlaw or regulation law prof […]