This post is part of Notice & Comment’s symposium on psychedelics and the law. For other posts in the series, click here. The expansion of psychedelic medicine has brought neuropsychiatry and pharmaceutical law to a structural, methodological, and institutional crossroads. Federal law requires “substantial evidence of efficacy” (FDA Act §505(d)) and regulations (21 CFR 314.126) mandate that […]
This post is part of Notice & Comment’s symposium on psychedelics and the law. For other posts in the series, click here. Imagine two competent adult patients, each of whom is living with treatment-resistant major depressive disorder (MDD) and struggling with suicidal ideation. Patient A asks her doctor about Pretendazine®, an (imaginary) injectable drug FDA-approved exclusively for […]
This post is part of Notice & Comment’s symposium on psychedelics and the law. For other posts in the series, click here. Dr. Sunil Aggarwal runs an “integrative oncology clinic” in Seattle, Washington, where he treats patients with late-stage cancer. Some of those patients suffer from the anxiety and depression that often accompany a terminal diagnosis. Aggarwal […]
Today’s Ad Law Reading Room entry is “Faithful Agencies,” by Brian D. Feinstein, Jody Freeman, and Sharon Jacobs. Here is the abstract: For nearly a century, Congress’s primary instrument for insulating agencies from presidential control was “independence,” expressed, quintessentially, as for-cause removal protection for agency heads. That era is over. After the Supreme Court’s decision […]
From the editors at the journal Laws (full call for papers and submission info here): Dear Colleagues, American administrative law is in flux. Important foundations of the American administrative state—the status of independent regulatory commissions, Chevron deference to agency statutory interpretation, administrative adjudication in non-Article III tribunals, and more—are being reconsidered and in some cases overturned by […]
Going back nearly 130 years, presidential appointees to an array of multimember federal administrative agencies have been given statutory for-cause protections against dismissal. And for more than ninety of those years these protections had the constitutional imprimatur of Humphrey’s Executor v. U. S. Last January I warned in these pages that if, as then expected, […]
For decades, the United States has maintained global leadership in fundamental research and applied science by investing in research to answer questions of greatest concern to our health and well-being and the advancement of society. Federal science funding has powered breakthroughs that shape our daily lives. These advances often begin with long-term research investments that can take decades to deliver real-world impact. A proposed rule by the Trump Administration’s Office of Management and Budget (OMB) puts American scientific progress, leadership, and implementation at risk.
“The curious task of economics,” Hayek once wrote in The Fatal Conceit, “is to demonstrate to men how little they really know about what they imagine they can design” (76).That line could just as easily serve as an epigraph for administrative law. Agencies are routinely tasked with designing solutions to problems—market failures, externalities, the consequences […]
We all know old cranks who obsess about their pet peeves. Once triggered, they drive directly into the pothole of their obsession and insist there was no other way to move forward. Well, I have a pet peeve that you may dismiss as a rant from just another aging crank, but it has been with […]
The AALS Administrative Law Section is seeking paper nominations for the annual emerging scholar award. Here’s the announcement: The AALS Administrative Law Section invites nominations for the 2027 Emerging Scholar Award. The award will be based on scholarship published between September 1, 2025, and August 31, 2026. Full-time faculty members without tenure at the time […]
Last week, the D.C. Circuit issued four administrative-law opinions. The first, Advanced Energy United v. FERC, involved the nation’s backlogged interconnection queue—a waiting list of proposed energy-generating facilities seeking to connect to the power grid. Before 2023, a developer seeking to connect a new facility would submit an interconnection request to the transmission provider, which […]
From the Duke Law Journal editors: The Duke Law Journal invites papers for its 57th Annual Administrative Law Symposium, to be held on February 26, 2027, at Duke University School of Law in Durham, North Carolina. Papers can be submitted through Duke Law Journal’s Scholastica portal starting on August 1 and will be considered on a rolling basis. We […]
The Eleventh Circuit decided two administrative law cases of note in July. In the first, it rejected Florida’s constitutional challenges to the Department of Education’s use of private educational accreditors. In the second, the Eleventh Circuit sided with the IRS in a taxpayer’s challenge to the agency’s rejection of a deduction. Constitutional Challenges to Private […]
(The following post is by our new contributor, Alexis Abboud, who does not yet have login credentials). It was a busy week at the D.C. Circuit last week! The court issued eight administrative-law-related opinions across a range of domains plus a contracts case wearing administrative-law clothing, so it’s a longer post. I’ve tried my best […]
The 2026 summer supplement to our federal administrative law casebook can be downloaded here. From the introduction to the supplement: Administrative law is a dynamic field, and there are always interesting new cases being decided and new debates unfolding. The past three years have seen some big administrative law cases from the Supreme Court. In […]