Please join me in congratulating Professors Neal Devins and David E. Lewis for winning the ABA Administrative Law and Regulatory Practice Section’s 2024 Annual Scholarship Award, which recognizes the best scholarly work published in the field of administrative law during 2023. Our selection process was rigorous. The committee examined numerous articles and books published during […]

Register today for the ABA Section of Administrative Law & Regulatory Practice’s annual Virtual Live Fall CLE Conference on Thursday, November 7, and Friday, November 8, 2024. Over the course of two days, you can participate in 8 panels and seek up to 12.5 hours of online live CLE credit. As a full conference attendees, […]

The University of Michigan Law School is pleased to invite scholars to submit their abstracts for the 11th Annual Junior Scholars Conference, which will take place in Ann Arbor, Michigan, on April 25-26, 2025. The deadline for abstract submissions is January 5, 2024. We are accepting abstract submissions from pre-tenure track faculty, as well as Ph.D. and […]

It’s no understatement to say that the Roberts Court, in only the last decade or so, has rewritten the textbooks on administrative law. And more seismic changes could be on the way. Since the long conference, the Supreme Court has twice relisted Consumers’ Research v. Consumer Product Safety Commission, a potential blockbuster that could overturn […]

In Loper Bright v. Raimondo, the Supreme Court ruled that Section 706 of the Administrative Procedure Act (APA) prohibits courts from deferring under Chevron v. NRDC to agency interpretations of statutes. What, if anything, does that holding mean for the deference courts give agency interpretations of regulations under Auer v. Robbins?   On one reading of Loper Bright, Auer is no longer good law. That’s because both Auer and Chevron require courts to defer […]

The Supreme Court decision in Loper Bright, which overruled the Chevron precedent that courts will defer to reasonable agency interpretations of law, has caused no small measure of controversy. Indeed, the decision has been the subject of political invective along party political lines, with Democrats in particular criticizing the decision. In this note we cannot hope to quell such criticisms, […]

Twenty-three years after being resurrected by Mead, Skidmore is seemingly resurgent. As commentators on this blog have noted, the Loper Bright Court’s express references to Skidmore suggest—aside from situations where the “best reading” of a statute is a delegation of interpretive authority—that Skidmore will be the primary test used to evaluate agency statutory interpretation going forward.  But is Skidmore really any different than de novo review? Scholars and […]

Last week National Affairs journal published my essay on “The Regulatory Pendulum”. The article primarily concerns the topic of regulations that are issued and revoked as new Presidential administrations replace previous ones. It is available here.

When I began experimenting with Lexis+AI in my administrative law research course this past spring, we found it ineffective for questions beyond the C.F.R. For example, asking for a recent IRS private letter ruling kept pulling up rulings from the last century, and no prompt seemed able to come up with EEOC policy documents. Why did […]