Today’s Ad Law Reading Room entry is a bit different. There’s no abstract. There’s not even an article! Instead, I wanted to flag Daniel Walters’ new open-access administrative law casebook, “Administrative Law: A Public Casebook for the American Public Law System.” You can download the casebook from SSRN, but it’s also available over the H2O […]
The D.C. Circuit issued nine (!) opinions last week, including cases involving selective prosecution under § 1983, the sentencing of a January 6 defendant, and . . . another FERC case. Frederick Douglass Foundation, Inc. v. DC (Wilkins [concurring in judgment], Rao, Childs): Appellant alleges that the District of Columbia violated the First and Fifth Amendment […]
A quick skim of daily headlines shows the breadth of regulatory law, from recommendations to limit the F.B.I’s use of warrantless surveillance to how the Consumer Product Safety Commission defines e-bikes. Many lawyers practice exclusively in regulatory settings, confronting these new developments continuously, and even lawyers who focus on less regulation-centric areas will still encounter administrative law. Law students, […]
As the term “natural resources” implies, society derives enormous value from the natural environment. Forests and clean waters support a large outdoor leisure industry, along with personal recreation, while wetlands protect homes from floods and storms and reduce insurance premiums. The idea that the federal government has an obligation to carefully manage these resources in […]
Here is the July 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 Bill 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 here. You can check […]
At its annual meeting earlier this month, the American Bar Association’s Section of Administrative Law and Regulatory Practice voted in a new cohort of leaders. This year I had the privilege of chairing the Section’s Nominations Committee, with fellow committee members Bernard Bell and Connor Raso. Here’s the full list and bios of the new […]
Judge James Buckley has passed away. I did not know him, but five years ago I wrote about his legendary career. In Judge Buckley’s honor, I’ll repeat what I wrote then (with some minor modifications): I feel like I know the judges on the D.C. Circuit — at least a little bit. After all, I […]
Benjamin Franklin famously observed that “in this world nothing can be said to be certain, except death and taxes.” Equally inevitable in federal litigation: jurisdictional tussles. Last week’s decisions feature a range of jurisdictional disputes: primary jurisdiction, statutory jurisdiction, standing, and sovereign immunity. We also encounter a perennial tax question. In Fairless Energy v. FERC, […]
Today’s Ad Law Reading Room entry is “Modernizing the Power of the Purse Statutes,” by Eloise Pasachoff, which is forthcoming in the George Washington Law Review. Here is the abstract: Two foundational statutes limit the executive branch’s important and necessary work in executing the budget against the backdrop of congressional control: the Antideficiency Act, dating […]
This is Volume IV of the major questions doctrine (“MQD”) reading list. This version reckons with the sheer volume of the literature through restructuring and a slight change in format. Whereas previous iterations of the MQD listed everything under each topic, this version provides a narrower list of relevant items. The bottom of the page—the […]
ACUS Seeks Consultant Proposals for Three New Projects The Administrative Conference of the United States (ACUS) is seeking proposals from parties interested in serving as consultants for three new projects: (1) Choice of Forum for Judicial Review of Agency Rules, (2) Using Algorithmic Tools in Regulatory Enforcement, and (3) Public Engagement in Agency Rulemaking Under […]
Widener Law Commonwealth, located in Pennsylvania’s capital, Harrisburg, is looking for a new dean. WLC is built upon a government law/public service mission. We are looking for our next leader who will help us advance this mission. WLC is a great community of faculty, staff, students, and alumni who are dedicated to public service and […]
From Professor Timothy Lytton: The AALS Administrative Law Section invites nominations for the 2024 Emerging Scholar Award for scholarship published between September 1, 2022, and August 31, 2023. Fulltime faculty members without tenure at the time of the work’s publication (including individuals with fellowships, visiting assistant professorships, or similar positions) are eligible. Nominations should be […]
[Originally published 8/3/2023] Sarah Lawsky’s amazing annual PrawsBlawg post on law school hiring needs reports that there law schools are looking expressly in administrative law: Colorado, Florida, and McGeorge. [8/7/2023 Update: Albany is also expressly looking in administrative law.] Add another school, per LSU’s hiring announcement: The LSU Paul M. Hebert Law Center seeks to […]
The D.C. Circuit was busy again this week, issuing eight unanimous opinions. The court is presumably eager to wrap up its opinions from last Term before the next one begins in September. Nothing groundbreaking, but a few interesting issues: Cox v. Kijakazi (Srinivasan, Millett, Childs): This case concerns appellant’s application for Supplemental Security Income based […]