This week’s post marks an anniversary: one year of D.C. Circuit Review–Reviewed. Before summarizing the cases this week, I’ll take a moment to reflect on reading every opinion the D.C. Circuit has released since August 10, 2015.* First, from day one, I made a conscious decision to not let on whether I think the court […]
Law students go to law school for all sorts of reasons. Some dream of practicing criminal law because they watch a lot of television. Others want to be politicians and see law school as a launching pad. Many want to work for nonprofits because they care deeply about particular issues. Others want to follow in […]
In a prior post, I discussed concerns expressed by Senator Hatch regarding the IRS’s failure to subject its “major” regulations to the procedures required by the Congressional Review Act (CRA). Major regulations are generally those that have economic effects of $100 million or more and would seem to include many tax regulations. However, as […]
Back in February 2015, in the same meeting at which the FCC reclassified broadband providers as Title II common carriers, the Commission also approved an order preempting certain state laws restricting municipal broadband providers. In June, the D.C. Circuit upheld the Commission’s Title II reclassification. Yesterday, the Sixth Circuit vacated the muni broadband order. A […]
On June 23, 2016, the Supreme Court issued a 4-4 ruling in the immigration case of United States v. Texas, blocking two “deferred action” programs announced by President Obama on November 20, 2014: extended Deferred Action for Childhood Arrivals (DACA Plus) and Deferred Action for Parents of Americans and Legal Residents (DAPA).[1] The 4-4 ruling […]
Altera v. Commissioner: Heads the IRS Wins, Tails the Taxpayer Loses? Last year, in Altera v. Commissioner, the Tax Court dealt the IRS a major blow on rulemaking issues. In that case, the court held that some highly-controversial international tax regulations were invalid and thus could not apply in determining Altera’s tax liabilities for the […]
A presidential election year provides a good time to reflect on administrative law scholarship addressing presidential transitions. “Midnight rulemaking” is a term used to describe the well-documented phenomenon of an increase in the volume of regulatory activity in the three months preceding a presidential administration. Scholarly literature and policy studies of midnight rulemaking are voluminous. […]
Earlier this summer at the terrific Rethinking Judicial Deference Conference sponsored by George Mason’s Center for the Study of the Administrative State, Cathy Sharkey presented a provocative paper entitled In the Wake of Chevron’s Retreat. In this paper, Professor Sharkey notes that last year the Supreme Court engaged in two types of narrowing of Chevron deference […]
[Editor’s Note: This is Jim Tozzi’s review of Eloise Pasachoff, The President’s Budget as a Source of Agency Policy Control, 125 Yale Law Journal 2182 (2016), which originally appeared here. Jim Tozzi served as a career regulatory official in five consecutive Administrations and was instrumental in the establishment of centralized regulatory review.] Centralized regulatory review began on the “budget […]
The Chamber of Commerce filed a lawsuit in federal district court in Texas Thursday seeking to block the Treasury Department’s April 2016 inversion regulations. The Chamber says that the inversion regulations exceed Treasury’s statutory jurisdiction, that the regulations are arbitrary and capricious in violation of the Administrative Procedure Act (APA), and that Treasury failed to follow the APA’s […]
I’ll admit it: I like words I don’t come across every day.* For instance, I recently heard “carnival food” at a very formal gathering and smiled. What a great word: “carnival”—especially combined with “food.” (“Carnival fare” would have done the trick too, but I like “food” better.) This has been a very busy week at […]
The summer is quickly coming to a close, but that doesn’t mean there isn’t a lot of fun administrative law stuff to read on SSRN. Here is the July 2016 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 Bill Funk. […]
With the school year gearing up, I thought I’d do a few posts in this AdLaw Bridge Series about terrific new resources for law students, professors, and administrative law practitioners. The first is the Third Edition of Administrative Justice in the United States, by Peter Strauss. Professor Strauss has long been one of my favorite […]
We’re very excited to launch the new and improved Notice & Comment. Thanks to the hard work and input from our online team and executive board, the blog now features various organizational tools and direct-access for bloggers. We look forward to developing the blog further and continuing to provide our readers with high quality content.
Last October, I dedicated one of these posts to Judge Frank Easterbrook. I praised him for being “an extraordinary jurist” who is “prolific; influential; and scholarly.”* Of course, Easterbrook is not a judge on the D.C. Circuit, nor would he like to be. But he is an important judge and his views matter—indeed, Westlaw lists […]