The effect of legal representation is a topic near and dear to those who study and work in the agency adjudication context, whether that be immigration, social security, special education, tax, or veterans benefits — just to name a few. For instance, my colleague Stephanie Hoffer and I explore those issues in the tax context with respect […]
The Republican takeover of the U.S. Senate has interesting implications for the Federal Reserve. Three issues come to mind: the legislative agenda, appointments, and hearings. But predicting Republican posture in the 114th Congress is a very difficult thing: it will depend entirely on which wing of the party—the populist/Tea Party wing, or the bank-friendly/establishment wing–takes control […]
In my first AdLaw Bridge Series post, I reviewed David Pozen‘s Self-Help and the Separation of Powers, which was just published in the Yale Law Journal. As I mentioned in that post, the article’s practical (and political) implications should not be overlooked. Professor Pozen is careful to note, repeatedly, that the purpose of the paper is not to […]
Over at the Journal of Things We Like (Lots) — aka Jotwell, which I explain further here — Linda Jellum has a solid reviewof Nicholas Parrillo ‘s terrific book Against the Profit Motive: The Salary Revolution in American Government, 1780-1940 (2013). The Law and Society Association provides a great summary of the book: Against the Profit Motive traces […]
This morning the Supreme Court issued orders from its October 31st Conference. At this Conference the Court considered the cert petition in King v. Burwell, the challenge to a critical Obamacare regulation that “extend[s] tax-credit subsidies to coverage purchased through exchanges established by the federal government under Section 1332 of the Patient Protection and Affordable […]
This year marks the inaugural season of the ABA Academy’s Cybersecurity Core Curriculum. The Curriculum is a series of programs addressing the cybersecurity risks facing lawyers, best practices for prevention and incident response, and lawyers’ legal and ethical obligations to clients regarding data security. The next event in this series, “Moving Target: Cybersecurity Legal Requirements […]
Here is the October 2014 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 William Funk. For more on why SSRN and this eJournal are such terrific resources for administrative law scholars and practitioners, check out my first post on the subject […]
At the end of September, six commercial companies were effectively granted permission to use drones to film and take photographs, unlike every other commercial drone operator, whose use of drones remains banned. The FAA, an agency tasked by Congress primarily with maintaining the safety of the public skies, is now in the business of granting commercial […]
Who owns medical records? Technically, the records themselves are the property of the physicians and hospitals that compile them. But the law has long recognized that patients also have rights to those records. Most significantly, under HIPAA’s Privacy Rule, a provider must, upon request, give a patient a copy of her medical records. But, to […]
It seems like every time a corporation announces a settlement with the government, someone expresses outrage upon learning that a corporation’s payment may be deductible. How dare the government subsidize bad behavior by allowing a corporation to reduce its taxes? Take a look at this Newsweek story, for example. The deductibility of settlement payments actually […]
One of the most effective ways to bridge the gap between the theory and practice of administrative law is for theorists to actually practice administrative law and then reflect on that practice experience. Indeed, some of the most important contributions to the administrative law literature have come from law professors upon their return from stints […]
As I mentioned in a prior post, I plan on blogging more about the results of my empirical study inside agency statutory interpretation, which is forthcoming in the Stanford Law Review and an updated draft of which is available on SSRN here. In the interim, Reeve Bull has done an excellent post and overview of the […]
The United States Courts (“USC”) announces public hearings of the Judicial Conference Advisory Committee and seeks comment on proposed amendments to the Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure. The USC requested that these proposals be circulated to the bench, bar, and the public for comment. The Advisory Committees on Rules of Appellate, Bankruptcy, […]
Today my colleague Stephanie Hoffer and I will be presenting our paper, “The Death of Tax Court Exceptionalism,” which is forthcoming in the Minnesota Law Review, at the University of Kentucky College of Law Faculty Workshop. Stephanie and I have already blogged about this paper elsewhere (here, here, and here), but I wanted to highlight a […]
I recently returned from the 2014 Public Health Law Conference, a fantastic event held every two years in Atlanta and hosted by the Network for Public Health Law, the American Society of Law, Medicine and Ethics, and the Robert Wood Johnson Foundation. Presentations at the conference covered a wide range of issues from Ebola (the […]