“Either you don’t teach administrative law or I don’t practice administrative law because what you and I do have nothing to do with each other.” — Peter Barton Hutt, Senior Counsel at Covington & Burling, Former FDA Chief Counsel, Harvard Law Lecturer ( Celebrating Peter Barton Hutt’s 20 Years (thus far) at HLS, at 55:50 […]
Registration is open for the Section’s 2014 Administrative Law Conference at the Omni Shoreham Hotel in Washington, D.C., October 16 – 17, 2014. Agenda topics include Interpreting the APA – Text and Common Law, Where Regulation and Innovation Converge, and the Developments in Administrative Law, Parts 1 & 2. Visit our website to register. Hope […]
In Jeff’s post last Thursday, he makes the following observation about the continuing role of the nondelegation doctrine in administrative law: Would it make sense, for example, to trade a more vigorously enforceable non-delegation doctrine in exchange for radically lightened notice-and-comment procedural requirements, less monitoring of the use of non-legislative rules, more simplified judicial review […]
This is not (yet) the promised elaboration my thoughts on non-delegation and complexity last week, but rather a clarification and response to Chris’s thoughtful engagement with it. It’s clear that I should have been clearer about what I was suggesting. Chris (reasonably) interprets my post as calling for a jettisoning of the non-delegation doctrine along […]
There’s no getting around it. The Affordable Care Act contains some sloppy drafting, most conspicuously in the section governing the calculation of tax credits. For the most part, that sloppiness reflects the intrinsic difficulty of writing a bill to reform a massive, complex health-care system. Yet the ACA also bears the scars of a brutal […]
The United States Postal Service (“USPS”), issued a Rule document, inviting public comment on a proposed interim rule to simplify return services. The USPS proposes to reduce “customer confusion” and guarantee dependable administration by adjusting the “total annual volume thresholds” that USPS “Return Services products” have to meet in order to “qualify for Commercial Plus® […]
Robert Bartlett’s new paper The Institutional Framework for Cost Benefit Analysis in Financial Regulation: A Tale of Four Paradigms? does the unthinkable. It goes totally meta and does a cost benefit analysis on the cost benefit analysis regimes of the financial regulators. This endeavor must be rewarded and propagated so that our minds may collectively […]
Greetings! My name is Jeff Pojanowski and I am excited to be a regular contributor on Notice and Comment. I am an Associate Professor at Notre Dame Law School, teaching and writing in administrative law, statutory interpretation, and legal theory more generally. My first post is inspired by two readings: (1) Phillip Hamburger’s book Is […]
I’m very pleased to be joining this blog as well. I’ll blog about my area of interest – public health – with a focus on regulatory law and policy. My specific area of expertise is tobacco policy, and as the FDA’s Center for Tobacco Products continues its efforts to regulate tobacco (and continues to get […]
It’s a pleasure to participate in the launch of this new blog. I’m looking forward to the dialogue and interaction with my co-bloggers and readers. I’ll be blogging mostly about central banking, financial regulation, and public finance (where each of these interacts with “regulation” as our overarching theme), although I may indulge from time to […]
Perhaps due in part to a hopelessly gridlocked Congress, we live in an era of executive discretion. The White House has delayed the Affordable Care Act’s employer mandate. The Department of Homeland Security has announced that it will stop deporting certain noncitizens who are currently required to be removed by statute and refocus its efforts […]
I am pleased to join the Yale Journal on Regulation as a regular blogger. As part of my contributions to the blog, I will host a column, entitled the Administrative Law Bridge Series, which will highlight current scholarship in administrative law and regulation. These reviews will be at a level of detail and length somewhere […]
Two weeks ago, Medicare announced a proposed settlement in a long-running billing dispute with hospitals. The size of the settlement is staggering: if accepted, it could end up costing the federal government hundreds of millions of dollars. The settlement also signals deep problems in one of Medicare’s flagship programs for eliminating wasteful spending. At its […]
On August 21–22, 2014, the American Bar Association, Section of Administrative Law and Regulatory Practice hosted the Ninth Annual Homeland Security Institute in Washington, D.C. The Institute included panels on a wide variety of issues including immigration, border security, the Foreign Corrupt Practices Act, the SAFETY Act, government contracting, and the DHS priorities for the upcoming […]
The Section Government Personnel Committee is pleased to host a brown bag lunch entitled “Latest Developments at the Office of Special Counsel,” October 6, 2014, from 12:00 – 1:30 p.m. Confirmed Panelists include Louis Lopez, Associate Special Counsel, U.S. Office of Special Counsel; Shirine Moazed, Chief, Investigation and Prosecution Division, U.S. Office of Special Counsel; […]