From Matthew Wiener: On November 29, 2023, the Supreme Court will hear argument in Securities and Exchange Commission v.  Jarkesy. Perhaps the most important of the three questions presented is whether “the statutory provisions that empower the Securities and Exchange Commission to initiate and adjudicate administrative enforcement proceedings seeking civil penalties violate the Seventh Amendment.” A divided panel […]

Based on my personal interactions, most lawyers seem to think little of the nondelegation claim in SEC v. Jarkesy. Even Mr. Jarkesy seems somewhat lukewarm to the nondelegation argument, as it’s discussed in the respondent’s brief for only two pages, which is far less than was devoted to the other two constitutional claims. In this post, I […]

The AALS New Voices in Administrative Law program is seeking several more senior commentators for this year’s session. We had an outstanding response to our call for junior scholar presenters, and are now looking for more senior scholars to join. We’d like to continue our tradition of assigning two experienced scholars to comment on each junior paper. […]

Over at the GW Regulatory Studies Program, Mark Febrizio, Sarah Hay, and Zhoudan (Zoey) Xie have published a comparison of the draft and final Circular A-4 revisions, which were published last week. Here’s the description of the project: Following a public comment period earlier this year, the Office of Information and Regulatory Affairs (OIRA) in the Office […]

My November 8 Yale Journal on Regulation Notice and Comment post on antitrust and sign stealing has generated lots of comments and conversations, ranging from enthusiastic (Michigan fans) to not enthusiastic (others). Some people just want to have fun with it, and that’s fine. The whole sign-stealing “scandal” is a welcome breather from lots of truly awful or […]

2023 ABA Administrative Law Conference November 30, 2023—December 1, 2023 The 2023 ABA Administrative Law Conference is right around the corner! Join us for the fourth annual virtual live event. The ABA Section of Administrative Law and Regulatory Practice will seek 12.5 hours of ONLINE LIVE CLE CREDIT for 8 panels spread over two days. […]

As anyone who follows college football is aware, the University of Michigan is under investigation from the NCAA and Big 10 Conference for “sign stealing”—gathering information on future opponents’ play signals. Given Michigan’s national title aspirations, the potential for sanctions is obviously bad news. Michigan has now fired back with evidence that three other Big 10 teams—Rutgers, […]

The University of Michigan Law School is pleased to invite junior scholars to attend the 10th Annual Junior Scholars Conference, which will take place in-person on April 12-13, 2024, in Ann Arbor, Michigan. The Conference provides junior scholars with a platform to present and discuss their work with peers and receive feedback from prominent members of […]

Congratulations to the winner of the AALS Section on Administrative Law‘s 2024 Emerging Scholars Award for Outstanding Scholarly Publication: Todd Phillips, for his article Commission Chairs, 40 Yale J. on Reg. 277 (2023). Go give the paper a download and read here. Here is the abstract: Since 1950, Congress has granted chairs of many multimember […]

How much, if any, deference does a state agency’s guidance deserve? This is an important question of state law, as deference can allow an agency to win even when its legal position is not the best interpretation of the law.[1] Over the past decade, state legislatures,[2] state courts,[3] and the public[4] have begun to grow wary of the […]