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 […]
The IRS recently proposed some highly controversial regulations related to debt-equity classifications. A challenge to the regulations seems likely, and a recent news article discusses how some pending legislation might affect the controversy. See Bloomberg BNA, “Debt-Equity Rules Could Be Easier to Strike With Pending Bill” (7/25/16). That legislation, The Separation of Powers Restoration Act […]
Back in April I blogged about the district court decision in MetLife v. Financial Stability Oversight Council. There, Judge Rosemary Collyer (D.D.C.) sent waves through the financial services industry and among scholars of cost-benefit analysis. Relying in part on the Supreme Court’s decision last year in Michigan v. EPA, the district court held that the Financial Stability Oversight Council (FSOC) […]
Next month the ABA Section of Administrative Law and Regulatory Practice will be hosting its annual Homeland Security Law Institute, one of the Section’s three major annual conferences. It has been a premier program every year, and promises to be this year as well. So definitely don’t miss it if you’re in DC in late […]
Apologies for the delay, as it’s been a busy July here in Columbus. But here is the June 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. 1. Political Parties, Voting Systems, and the Separation of Powers by […]
Just over six months ago, I set resolutions for myself, law students, the Supreme Court, the Big 12 Conference, my freeloading chickens, and the D.C. Circuit, among others. This week seems as good as any to check in on how everyone is doing. First, I resolved to write something for the Wall Street Journal. Alas, […]
The U.S. Government Publishing Office (GPO) has a Government Book Talk! blog which is designed to “raise the profile of the best publications from the Federal Government, past and present.” The latest post is entitled What’s the “CFR” and Why Is It So Important to Me? The post appropriately notes that the Code of Federal Regulations […]
Last week the U.S. House of Representatives passed the Separation of Power Restoration Act, with even one Democrat voting in favor.* If enacted, the legislation would attempt to get rid of Chevron and Auer deference by amending the Administrative Procedure Act to instruct courts to “decide de novo all relevant questions of law, including the interpretation […]
This has been a banner year for the ABA Section of Administrative Law and Regulatory Practice–one that has been full of accomplishments. The Section has set a record for the most program events in its history, including some terrific new programs such as “The 60th Anniversary of the Hoover Commission: Lessons for Regulatory Reform”, the “Great Debate” […]
The conflict between the rule of lenity and administrative deference doctrines has drawn significant judicial attention recently (see prior coverage here ). I’ve posted on SSRN an essay that discusses some potential implications for the tax laws, and here’s the abstract: A controversy has emerged over how to interpret statutes under which the government can […]
To be sure, I don’t really know what life was like in the 1970s; I wasn’t even born. Even so, I’m sure it was dreadful. After all, as I read my history books, all I see are ugly clothes, disco, impeachment, killer rabbits, long lines for gas, plus something about a “malaise.” Poor souls: The only […]
Last week the Internet buzzed with news of Airbnb’s lawsuit against San Francisco. Dissatisfied with a new ordinance updating and enforcing 2014 regulations of short-term rentals, Airbnb filed suit against the city, arguing that the new ordinance violated both federal law and the federal constitution. The regulations reflect San Francisco’s conclusion, grounded in more than […]
I want to thank the editors for bringing me on to the Notice and Comment Blog. I am an Administrative Judge at the Federal Aviation Administration with a focus on government contract law and alternative dispute resolution. I am also a member of the American Law Institute, and generally possess an academic interest in the […]
Some people have asked me why I’ve been so hard on the administration for flouting appropriations law over the ACA’s cost-sharing reductions. Hasn’t the administration done the right thing to try to prevent health reform from collapsing? Aren’t the Republicans being hopelessly intransigent? Shouldn’t I just shut up? I hear all that. I’m a committed […]
Warning! This post may only be of interest to me. But there is a mystery this week in the D.C. Circuit: What happened in Coburn v. Murphy? In Coburn, the D.C. Circuit included an intriguing footnote: “Judge Henderson was drawn to replace Chief Judge Garland, who originally heard argument in this case but did not […]