It is hornbook administrative law that agencies’ interpretations of their own regulations received heightened judicial deference. The standard cites are Bowles v. Seminole Rock Co., 325 U.S. 410 (1945), and Auer v. Robbins, 519 U.S. 79 (1997). The principle has a number of possible justifications: (a) the agency best understands what interpretation will make sense […]
Readers in DC may be interested in Administrative Judging in the 21st Century: The Hi-Tech Courtroom and “Googling” the Evidence, a brown-bag session that will take place at the ABA on June 21. The discussion will be devoted to changes in administrative hearings resulting from the new courtroom technology, including nation-wide video-conferencing, wireless networks, hand-held […]
On Monday, June 4, several of the contributors to the Section’s well received new book, The Law of Counterterrorism, will participate in a roundtable discussion on cutting-edge topics covered in the book, including detention and interrogation, military commissions, and the KSM trial at Guantanamo. This will be fascinating and timely discussion. It is free and open to […]
Today President Obama issued an Executive Order on International Regulatory Cooperation. The Order can be found here. The essential goal of the new Order is to focus agencies on the burdens created when US regulatory requirements diverge from those of other nations. Such concerns require a delicate balancing act, reflected in the careful wording of […]
The Section’s Spring Conference and Council Meetings will take place Friday-Sunday, April 20-22, in Princeton, NJ. On Friday, April 20, the Section, along with Princeton’s Program in Law and Public Affairs and Center for Information Technology Policy, is hosting a symposium on “The Administrative Agency in the Electronic Age.” Speakers from the ad law professoriat […]
On February 18, Charles Koch, Dudley W. Woodbridge Professor of Law at William & Mary Law School, died. The Law School has posted a notice about Professor Koch’s life and distinguished career as a teacher and writer on administrative law. The notice states that a celebration of his life “will be held at 2:00 p.m. Saturday, […]
Both the Administrative Conference of the United States (ACUS) and the Congressional Research Service (CRS) are now hiring for senior-level positions. At ACUS, there are currently two senior-level positions for which applications are being sought: (1) Research Director. This is an SES-level position. The vacancy announcement is posted on USAJobs, and will be open through […]
On Wednesday, February 1, at 3:00 pm Eastern time, the Federalist Society’s Administrative Law Section will host a “teleforum” on the Regulatory Accountability Act (H.R. 3010). The Act, which passed the House in December, would make sweeping changes to the APA, particularly with regard to rulemaking. The featured speakers are both distinguished former chairs of the […]
On January 3, Chevron Corporation issued a press release reporting that a three-judge panel of “temporary judges presiding over appellate proceedings in the Provincial Court of Justice of Sucumbíos in Lago Agrio, Ecuador in an environmental lawsuit involving Texaco Petroleum Company,” had ruled against the companies. The appellate court’s ruling upheld a February 2011 lower […]
On January 4, the Securities and Exchange Commission charged an investment adviser with offering to sell $500 billion in fictitious securities, using social media such as LinkedIn. The SEC press release on the case stated that the adviser, Anthony Fields, “used LinkedIn discussions to promote fictitious ‘bank guarantees’ and ‘medium-term notes’,” and that his postings “resulted […]
The Administrative Law Section presents an annual award for the strongest piece of academic scholarship on administrative law published in the past year. The award is presented at the Section’s fall conference. This year’s winner was Professor Nina Mendelson of the University of Michigan for Disclosing “Political” Oversight of Agency Decision Making, 108 Michigan Law […]
Acting Research Director Jeff Lubbers reports that the Administrative Conference of the United States currently has several vacancies. The Executive Director position is currently open and the announcement is posted on USAJobs. The announcement will close on January 31, 2012. The announcement is here. ACUS also has two openings for attorneys: (1) An entry level position (preferably someone […]
Few documents are as daunting as a massive preamble in the Federal Register. In other settings, huge documents are preceded by an Executive Summary. Would that make regulatory preambles more understandable and accessible? OIRA thinks so. On January 4, Cass Sunstein, Administrator of the Office of Information and Regulatory Affairs, issued a memorandum to the […]
Today the Supreme Court heard argument in Sacket v. EPA, No. 10-1062, concerning whether a landowner can obtain pre-enforcement review of an EPA order to remove unpermitted filling of wetlands. The Ninth Circuit, agreeing with every other court of appeals to decide the issue, had held that such review was unavailable. Former Section chair Bill […]
Two administrative law writing competitions may be of interest. The first is the Section’s Gellhorn-Sargentich Student Essay Competition. The assigned topic is: “Discuss any topic relating to administrative law.” The essay can be a paper submitted for a graded law school course, a law review note or comment, or something written specifically for the competition. The […]