Notice & Comment

Notice & Comment

Notice & Comment

The Shadow Docket: More Steps In The Right Direction

I have been harshly critical of the Supreme Court’s “shadow docket”—orders that stay major government actions without considering briefs on the issues raised by the motion for stay or providing any reasons for the action taken.[1] Unlike some critics of the shadow docket, my criticism is purely procedural. The Court has repeatedly held that an agency […]

Notice & Comment

By Quasi-Legislative Order: Busy Agencies, Feeble Execution

*This is the seventh post in a series on Andrew Rudalevige’s new book, By Executive Order: Bureaucratic Management and the Limits of Presidential Power. For other posts in the series, click here. Any book on the constitutional executive will contain more than a little Alexander Hamilton. It’s ironic: Hamilton’s famous argument for “energy in the executive,” so […]

Notice & Comment

The Importance of Studying Things That Don’t Happen, by Kenneth Mayer

*This is the fifth post in a series on Andrew Rudalevige’s new book, By Executive Order: Bureaucratic Management and the Limits of Presidential Power. For other posts in the series, click here. It was clear early in the development of the unilateral powers literature that focusing on executive order issuance posed a selection bias problem. By definition, […]

Notice & Comment

The Role of Federal Agencies in Presidential Administration

*This is the fourth post in a series on Andrew Rudalevige’s new book, By Executive Order: Bureaucratic Management and the Limits of Presidential Power. For other posts in the series, click here. Now-Justice Elena Kagan’s influential article Presidential Administration celebrates its twentieth anniversary this year. Drawing on her experience working in the Clinton White House, Kagan explored […]

Notice & Comment

Benefits of a Rowdy Bureaucracy

*This is the third post in a series on Andrew Rudalevige’s new book, By Executive Order: Bureaucratic Management and the Limits of Presidential Power. For other posts in the series, click here. Perhaps because they bear the president’s signature and don’t require ratification, executive orders are considered to be entirely within the president’s control. But early in […]

Notice & Comment

Is Presidential Administration Harder for Republican Presidents?, by William Yeatman

*This is the second post in a series on Andrew Rudalevige’s new book, By Executive Order: Bureaucratic Management and the Limits of Presidential Power. For other posts in the series, click here. Andrew Rudalevige’s By Executive Order: Bureaucratic Management and the Limits of Presidential Power is an important contribution to our understanding of modern policymaking. In particular, […]

Notice & Comment

Executive Order Formation and the Duration of Policy, by Sharece Thrower

*This is the first post in a series on Andrew Rudalevige’s new book, By Executive Order: Bureaucratic Management and the Limits of Presidential Power. For other posts in the series, click here. Andrew Rudalevige’s new book, By Executive Order: Bureaucratic Management and the Limits of Presidential Power, significantly advances our conceptual, theoretical, and empirical understanding of presidential […]

Notice & Comment

Introduction to Our Symposium on Rudalevige’s By Executive Order

Welcome to our second symposium of the month!* We close out October with a series of essays reacting to Prof. Andrew Rudalevige‘s By Executive Order: Bureaucratic Management and the Limits of Presidential Power (Princeton University Press 2021). If we know anything about executive orders, it’s that they’re actions that the president takes alone. But who […]

Notice & Comment

OMB Law Fellowship Program

It’s my pleasure to share that the U.S. Office of Management and Budget has created a Law Fellowship Program, under which law professors and attorneys employed by institutions of higher education; attorneys employed by State, local, or tribal governments; or attorneys employed by other qualifying institutions under 5 C.F.R. § 334.102 can rotate into OMB […]

Notice & Comment

Detention, Incarceration, and Administrative Law

We don’t often think of administrative law as a warden, but we should. Administrative law plays a crucial role in the detention of immigrants and in prison policy generally. The Administrative Law Review is hosting a virtual symposium on October 29, 2021 that will explore important questions about the role of administrative law in detention […]

Notice & Comment

Fall 2021 Recommendation Projects Are Underway! (ACUS Update)

ACUS has recently begun committee meetings on a slate of new recommendation projects targeted for completion at the 76th Plenary Session, scheduled for December 16, 2021. Descriptions and basic information about the projects (pulled from ACUS) appear below. Further information, including draft documents, are (or will become) available via the included links. Public Access to […]

Notice & Comment

“Gotta Catch ’em All”, by Jonathan Wiener

*This is the sixteenth post in a series on Michael Livermore and Richard Revesz’s new book, Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health. For other posts in the series, click here. In their incisive book Reviving Rationality, Michael Livermore and Richard Revesz document the bipartisan consensus across Presidents of both […]