Notice & Comment

Notice & Comment

Notice & Comment

Conference at Harvard Law, 1/25: Doctrinal Crossroads: Major Questions, Nondelegation & Chevron Deference

Doctrinal Crossroads: Major Questions, Nondelegation & Chevron DeferenceThursday, January 25, 2024, at 8:15 a.m.-6:00 p.m. ESTLocation: Harvard Law School, 1585 Massachusetts Ave, Cambridge, MA 02138 Join Pacific Legal Foundation and the Harvard Journal of Law & Public Policy for our day-long law symposium, “Doctrinal Crossroads: Major Questions, Nondelegation & Chevron Deference.” The symposium will feature moderator-led discussions […]

Notice & Comment

Artificial Intelligence in Government Services

Dan Ho and I have an op-ed in The Hill today criticizing the Biden administration’s proposed rules for using artificial intelligence in government services. [W]here the rules could go astray is in their breadth. The rules prohibit the use of AI in “government services” unless agencies comply with an extensive set of procedures. Those procedures […]

Notice & Comment

D.C. Circuit Review – Reviewed – The collateral order doctrine, defining a “labor organization”

The D.C. Circuit issued three opinions last week, one about interlocutory appeals, another what constitutes a “labor organization” under the NLRA, and a third FERC case. One interesting development is that the D.C. Circuit recognized another class of immediately appealable orders under the “collateral order doctrine.” The normal rule is that only decisions that “trigger […]

Notice & Comment

Moore v. United States: Avoiding a Damaging Limiting Principle in the Sixteenth Amendment, by Ari Glogower, David Kamin, Rebecca Kysar, Darien Shanske, & Thalia T. Spinrad

Introduction The Supreme Court heard argument last month in Moore v. United States, a case with potentially broad implications for the income tax system. The case involves a challenge by the Moores, two individual taxpayers, to 26 U.S.C. 965, known as the Mandatory Repatriation Tax (“MRT”), which is a provision of the 2017 tax reform legislation. As […]

Notice & Comment

Ad Law Reading Room: “Second-Class Administrative Law,” by Matthew Lawrence

Today’s Ad Law Reading Room entry is “Second-Class Administrative Law,” by Matthew Lawrence, which is forthcoming in the Washington University Law Review. Here is the abstract: Administrative law ordinarily presumes that someone hurt by “arbitrary and capricious” agency action may seek relief in federal court unless Congress says otherwise. Administrative law does the opposite, however, […]

Notice & Comment

D.C. Circuit Review – Reviewed: A Happy New Year (But No New Administrative Law Yet) at the D.C. Circuit

The D.C. Circuit rung in the new year with three opinions. Two were administrative law opinions and one dealt with criminal law. For administrative lawyers, the first week of the new year brought no new law but rather straightforward applications of precedent concerning the FEC and FERC. In Campaign Legal Center v. FEC, the D.C. […]

Notice & Comment

Why I Oppose Kroger’s Purchase of Albertsons, by Felix B. Chang

Now that the grocery giant Kroger has certified its substantial compliance with the Federal Trade Commission’s request for information, the antitrust regulator must decide how to proceed with Kroger’s $24.6 billion acquisition of its rival Albertsons. Kroger happens to be based in Cincinnati, my hometown, where it’s an important part of the corporate base. However, I’m rooting against the […]

Notice & Comment

1/4/2024 AALS/FedSoc Panel: The Future of Student Loan Cancellation, State Standing, and the Major Questions Doctrine after Biden v. Nebraska

At the Association of American Law Schools (AALS) annual meeting in Washington, DC, this week, I’ll be moderating a terrific panel on the student loan cancellation cases the Supreme Court decided last term. The panel will take place on Thursday, January 4, 2024, from 4:45-6:30PM, and it will be livestreamed here. Here’s a description of […]

Notice & Comment

Jotwell Administrative Law Section 2023 Year-End Review

Since 2015, I’ve served as co-editor, currently with the brilliant Miriam Seifter, of the the Administrative Law Section of The Journal of Things We Like (Lots) (“Jotwell”).  Jotwell is a terrific resource for administrative law practitioners and scholars. Roughly once a month, Jotwell’s Administrative Law Section publishes a short review of a current piece of administrative law scholarship, usually […]

Notice & Comment

Ad Law Reading Room: “The Myth of the Federal Private Nondelegation Doctrine,” by Alexander Volokh

Today’s Ad Law Reading Room is “The Myth of the Federal Private Nondelegation Doctrine,” by Alexander Volokh, which was recently published by the Notre Dame Law Review and posted to SSRN. Here is the abstract: Judges and scholars have often claimed that delegations of governmental power to private parties are constitutionally prohibited. However, such a […]

Notice & Comment

D.C. Circuit Review – Reviewed: Win or Lose

Belatedly, here are the summaries of last week’s decisions. Yesterday’s unsealed opinion in United States v. Trump will await a future post.  Both decisions from last week come in lawsuits against Attorney General Garland relating to matters that have been in the news. The first, Langeman v. Garland, concerns the FBI’s decision to terminate Michael […]