I’m sure that readers of the Yale Journal of Regulation (and its blog) have by now realized that the Journal’s central subject is under sustained attack. Ben Carson, during last week’s debate among the GOP presidential contenders, had this to say about regulation: And — and — you know, it goes back to the whole […]
Last week Jotwell—the Journal of Things We Like (Lots)—posted my review of Anne O’Connell’s terrific article Bureaucracy at the Boundary, which was published in the University of Pennsylvania Law Review last year. I’m not alone in heaping praise on this article, as the American Bar Association just named it the best work of administrative law […]
Even though Congress recently agreed to a two-year budget deal, it still has to pass an appropriations act by mid-December — budgets determine the maximum amount Congress can fund the government, while appropriations actually fund the government. With a new Speaker of the House and Republicans wanting to defund Planned Parenthood, Congress and the President […]
I attended a conference last weekend in New York, hosted by Bob Hockett and Saule Omarova at Cornell Law School. It was an uncommonly good one, one of the best I have attended. The quality made me wonder what was so good about it, so I share some thoughts here that might be of interest. […]
In 2005, Benedict Kingsbury, Nico Krisch, and Richard Steward published their foundational article,The Emergence of Global Administrative Law, in which they argued that a discrete if amorphous body of law existed comprised of transgovernmental regulation and administration “designed to address the consequences of globalized interdependence in such fields as . . . environmental protection . […]
The D.C. Circuit issued two opinions this week. The first — American Institute of Certified Public Accounts v. IRS — is a typical administrative law case. By contrast, the second — United States v. Ortega-Hernandez — seems like anything but an administrative law case; it is a criminal appeal involving a guilty plea. But pause […]
In an open letter, a coalition of voting rights advocates has accused the Obama administration of breaking the law by failing to use the federal exchanges—those run through HealthCare.gov—to help people register to vote. I don’t think that’s right, but the letter nonetheless raises an important question: Even if it’s not legally mandated, why shouldn’t […]
Observant readers can probably tell that I think the D.C. Circuit is an important court. A court with jurisdiction to review what the administrative state is up to inevitably is going to be important. Yet depressingly few Americans even know there is such a thing as a “D.C. Circuit,” much less who sits on it. […]
If you’re interested in administrative law and regulatory practice (which I assume you are if you’re reading this blog) and you’re in DC (or even if you’re not), I hope you’re planning to attend the Annual Administrative Law Conference hosted by the American Bar Association’s Section of Administrative Law and Regulatory Practice. The program takes […]
“Each of the federal circuit courts of appeals has its own unique character,” John G. Roberts, Jr., once observed, shortly before he became the nation’s Chief Justice. “For example, I am sure you are familiar with the tradition in the Court of Appeals for the Fourth Circuit, where at the end of oral argument the […]
On Wednesday, I spoke on a panel at the Food & Drug Law Institute’s FDA Regulation of Tobacco Products Conference. I provided an update on two pending lawsuits involving industry challenges to FDA’s tobacco-related actions. (My slides, as well as those of the other presenters, can be downloaded from the conference link.) The first case, […]
House and Senate committees have been doing a fair bit of work behind the scenes on regulatory reform legislation lately. This post focuses on the legislation that appears to have the greatest odds of being enacted into law and outlines a possible path forward. On October 7, 2015, the Senate Homeland Security & Governmental Affairs […]
On Wednesday, I spoke on a panel at the Food & Drug Law Institute’s FDA Regulation of Tobacco Products Conference. I provided an update on two pending lawsuits involving industry challenges to FDA’s tobacco-related actions. (My slides, as well as those of the other presenters, can be downloaded from the conference link.). The first case, […]
Before entering the academy, I had an idea: Why not apply administrative law principles to certiorari? Whether to grant cert is a discretionary decision; administrative law is concerned, perhaps above all else, with how to manage the dangers and benefits of discretion; why not then apply the lessons from administrative law to certiorari? After a […]
In a prior post, “The IRS’s Mercenaries,” I explained how the IRS has taken extraordinary steps to battle Microsoft over the tax consequences of some of the company’s international transactions. In short, the IRS hired a private law firm to perform some audit and litigation related functions, and a federal district court is currently examining […]