As my colleague Paul Rose and I have explored elsewhere, the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) has raised the stakes for financial regulation by requiring more than twenty federal agencies to promulgate hundreds of new rules and regulations. Not only has it kept the financial regulators busy, but it […]
There is a growing trend among law schools to add Legislation and Regulation (“Leg-Reg”) to the required first-year curriculum. Professor Edward Richards keeps a running list of the schools that offer some sort of legislation or administrative law course in the 1L curriculum, and to date at least 27 schools require a 1L course in […]
Last week, I pushed against a popular account of Walter Bagehot’s Lombard Street that I think misconstrues exactly what Bagehot was trying to do (and the context within which he was doing it). My brilliant live-in editor tells me that (1) Bagehot really isn’t that popular, so I may be overstating how much people have […]
Last Thursday I had the privilege of presenting my empirical study on agency statutory interpretation to roughly fifty agency officials at the U.S. Department of Homeland Security as part of DHS’s Regulatory Affairs Practice Group Roundtable (“DHS Roundtable”), which is sponsored by the DHS Office of General Counsel. It was a terrific group, and I enjoyed […]
Just as we have seen in politics and other forms of policymaking, rulemakers and regulated communities are taking to social media to engage stakeholders and influence public policy. This is a tricky strategy since rulemaking does not lend itself to boiling down policies into 140 characters or less. Most proposed and final rules are well […]
Being at the ABA Administrative Law Conference this week has me thinking more about the terrific empirical work scholars are carrying out to better understand real-world administrative law. One of my favorite such empirical projects from this year is entitled “Justice on the Fly: The Danger of Errant Deportations” by Fatma Marouf, Michael Kagan , and Rebecca […]
We are not accustomed to thinking of central banks, in their roles as lenders of last resort, as regulators. Regulation means financial regulation, the stuff of notices and comments and final proposed rules and enforcement letters. But while central banks don’t look exactly like other regulators, it is the exercise of governmental power deposited in […]
One of the most frequent questions I get from other junior administrative law professors is whether they should attend the Administrative Law Conference held each October and sponsored by the American Bar Association Section of Administrative Law and Regulatory Practice. My answer is always a resounding YES, and that applies to anyone who researches, teaches, […]
My health law students and I were discussing HIPAA’s Privacy Rule when we got to talking about the iCloud hack of the nude celebrity photos. Although publication of the photos was a grotesque invasion of the celebrities’ privacy, there’s been no big push for the federal government to pass a law requiring Apple to take […]
This week at the Seventh Annual Junior Faculty Federal Courts Workshop, hosted by the University of Georgia School of Law (with Kent Barnett and Matt Hall as organizers), there have been a number of terrific presentations that attempt to bridge the gap between theory and practice with an obvious focus on court-related topics such as […]
SPOILER ALERT: The most cited Supreme Court administrative law decision of all time is Chevron. Coming in second place, however, may be a bit more surprising: It’s the Rehnquist Court’s foundational standing decision Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992). This should provide more fuel to the fiery debate on whether the signature […]
Last week I posted about the Supreme Court’s upcoming cases addressing whether agencies must go through notice-and-comment rulemaking to change previous interpretations of their own regulations. The D.C. Circuit, in its Paralyzed Veterans line of cases, holds that an agency must, reasoning that the agency’s change modifies legal obligations. The bulk of circuit courts, and […]
Back in 2011, I was a guest blogger at the business law blog The Conglomerate. That summer, I wrote the following (it’s long, and I’m going to include it all: the link back to The Conglomerate is here). I repost because the ongoing AIG litigation is providing an example of what I had in mind: the conversion of […]
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 […]