Yesterday the Supreme Court made this rule change: “Beginning in October Term 2015, only Bar members who actually intend to attend argument will be allowed in the line for the Bar section; ‘line standers’ will not be permitted.” Orin Kerr asks “Why have different rules for the Bar line and the public line?” And I’m […]
Today, in his concurrence in the denial of rehearing en banc in Bible v. United States Aid Funds, Inc.(7th Circuit), Judge Easterbrook serves up an excellent vehicle (at least in his opinion) for the Supreme Court to reconsider Auer deference in administrative law. (HT Will Baude) As I’ve blogged about here, a number of Justices […]
I have a dark confession: I probably won’t teach exhaustion to my administrative law students. My syllabus covers ripeness/standing, the “final agency action” requirement, mootness, and, yes, exhaustion. But to my shame, I include this disclaimer: “May be cut if insufficient time.” Sure, I try to justify this decision to myself. I think: “Well, with […]
Consider DuoNeb, which is used to treat chronic lung disease. The drug is nothing fancy: it’s just a combination of two cheap and widely available drugs—albuterol and ipratropium. You can pop DuoNeb in a nebulizer and administer both drugs at once. Or you can administer the two drugs separately. Apart from mild inconvenience, there’s no […]
In “Who Regulates the Robots?” I’ve written up Woody Hartzog’s article Unfair and Deceptive Robots over on JOTWELL: “When the law faces a new technology, a basic question is who governs it, with what regulatory mandates, and with what rules? Technological development disrupts regulatory schemes. Take, for example, the challenges the Federal Aviation Administration (FAA) […]
http://www.abajournal.com/news/article/7th_circuit_judge_richard_cudahy_dies_at_89 http://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=3050&context=journal_articles http://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=2802&context=journal_articles
The D.C. Circuit issued no opinions this week. Instead, it got rid of one. In particular, the court vacated its (latest) judgment in the long-running Al Bahlul v. United States saga and set the case for (another round) of en banc consideration. The court’s vacatur order provides a good opportunity to discuss Chief Justice Roberts and […]
Yale Law School Friday, Oct. 2, and Saturday, Oct. 3, 2015 Supported by the Oscar M. Ruebhausen Fund All events are in YLS Room 129 unless otherwise noted. Panels open to the public. To attend lunch on Friday and/or Saturday of the conference, RSVP by Friday, September 24, to barbara.consiglio@yale.edu Friday 12:30-1:30 – Lunch (YLS […]
This week, Congressman Paul Ryan sent a letter to President Obama expressing concern that the nuclear deal with Iran would include special tax breaks for that country. The letter asks for a commitment to not extend such tax breaks during the remainder of the President’s term. Generally, under Section 901 of the tax code, U.S. […]
The Obama administration has filed a motion in House v. Burwell asking the district court for permission to take an immediate appeal of its decision allowing the case to proceed. Among other things, the administration argues that allowing the House to sue over an alleged violation of the Appropriations Clause is “a momentous step” that […]
The Center for American Progress has released a report that includes an arresting suggestion for controlling the prices of prescription drugs. Under the Bayh-Dole Act, in certain circumstances, the federal government may exercise its “march-in rights” to license patents that resulted from federally funded research but that are now owned by drug companies. These rights […]
The late, great Warren Zevon penned a lot of extraordinary songs. His most famous, of course, is Werewolves of London.* My favorite is Mohammed’s Radio (trust me, it stays in your head), though Frank and Jesse James and Mama Couldn’t Be Persuaded are also striking. Mutineer too is great, though I prefer this cover. I mention Warren […]
First Lady Michelle Obama made healthy school lunches a signature part of her “Let’s Move” initiative to promote health and wellness and combat obesity among America’s youth. The First Lady and Administration championed the passage of the Healthy, Hunger Free Kids Act, which created several new Federal mandates for school lunch programs, including requiring schools […]
The key compromise at the heart of the 2009 Tobacco Control Act was this: Tobacco products that were already on the market would be “grandfathered,” but any new tobacco products would have to undergo premarket review and demonstrate that allowing them to be sold would be “appropriate for the protection of public health”—a tough standard […]
As Andy noted in his post last week, the Pepperdine Law Review will be publishing soon a symposium on the implications of King v. Burwell on tax law and administration. In his contribution, Andy asks: Where Were the Tax Professors? In our contribution, my tax prof colleague Stephanie Hoffer and I focus on the reasoning of the majority […]