Last week, the Government Accountability Office released a letter that sets up a potential congressional battle over the future of the risk corridor program. Contrary to how it’s been covered in the press, however, the letter is good news for HHS. It also suggests that the administration has been quite canny in its approach to […]
The Federal Trade Commission seeks comment on the parental consent method that AgeCheq Inc. (“AgeCheq”) has suggested in accordance with the FTC’s Children’s Online Privacy Protection Rule. Congress enacted the Children’s Online Privacy Protection Act (“COPPA”), which became effective in 2000. It applies to any person or entity that collects personal information (defined as “individually […]
10/3 Update: schools added since initial post are underscored in the list below. With the American Association of Law Schools Annual Faculty Recruitment Conference in Washington, DC, less than a month away in two weeks, I thought I’d check in and see which schools are expressly hiring in administrative law and regulation (as broadly defined, per JREG’s […]
Neil Irwin has the details. Apparently Ben Bernanke–the man of the seven-figure book deal and somany high-profile speaking engagements that it’s difficult to make it to court–can’t refinance the mortgage on his $800,000 Washington townhouse. The problem is that he has left his long-term job that paid a moderately high salary to one where is […]
When considering how to bridge the gap between the theory and practice of administrative law — the aspiration of this AdLaw Bridge Series — one organization stands out as embodying this mission: theAdministrative Conference of the United States (ACUS). ACUS is an independent federal agency that conducts research in administrative law with the hope of […]
Christopher Walker’s outstanding article on agency interpretive practice got me thinking about how the tax community interprets the tax code differently from courts. I was specifically reminded about the gasps of horror and disgust that I received at a discussion forum during a recent ABA Tax Section Meeting. I had initiated a discussion about the […]
Surely Julia Pierson breathed a sigh of relief as she went to bed last night. She hadn’t won plaudits for her performance on the Hill, but the testimony was over and she could now turn to fixing the problems at the agency responsible for protecting the President. And then she opened the paper this morning […]
On the first of October, a young professor’s fancy turns to the Supreme Court, which will be opening its new term the following week. In that spirit, I want to comment briefly on one of the most important grants of the October 2014 Term in regulatory law: Perez v. Mortgage Bankers Association, which, paired with […]
The Social Science Research Network (SSRN) is a terrific resource for current scholarship in a variety of academic fields, and a particularly valuable resource for legal scholarship. It’s also a great way to see other publications and works in progress by a particular scholar, as just about everyone posts their papers on SSRN. So if […]
On August 21–22, 2014, the American Bar Association hosted the Ninth Annual Homeland Security Institute in Washington, D.C. The previous post focused on several major themes of the Institute. This week’s post will focus on issues in immigration law, which was the topic of several panels. These reflections come from the following presentations: America’s Immigration […]
I had hoped to hold off on posting about Fed governance for a bit—I’m close to finishing the first draft of a book on this topic, called The Structure of Federal Reserve Independence, and will be spending a lot of time blogging about its contents once it hits the shelves in the middle of next […]
As Jerry Mashaw has remarked in the pages of the Administrative Law Review (Vol. 57, p. 537), “Inquiry into the empirical realities of agency interpretive practice can provide a crucial window on [agency statutory interpretation] and an essential step in the assessment of the legitimacy of administrative governance.” Yet, to date, little work has been done to […]
The Treasury and IRS have recently suffered some major losses regarding their attempts to regulate tax practitioners. Earlier this year, in Loving v. IRS, the D.C. Circuit invalidated the entire regulatory regime regarding paid tax return preparers. And over the summer, in Ridgley v. Lew, the D.C. District Court invalidated some regulatory restrictions on the […]
My guess is that nearly all law professors are familiar with Jotwell—The Journal of Things We Like (Lots), which is hosted online by the University of Miami Law School under the direction of Michael Froomkin. But I’m also pretty confident that this resource is underutilized—and for the most part unknown—outside of the legal academy. I […]
This week, the Treasury and IRS released a notice addressing so-called corporate inversions, through which U.S. companies essentially shuffle their legal structures to reduce the amount of income subject to U.S. taxes. It’s not surprising that this guidance came out, given that President Obama himself has lambasted the alleged “corporate deserters” who have taken advantage […]