Today’s Ad Law Reading Room features “Delegating Information Oversight” by Professor Margaret Kwoka, which is forthcoming in the Georgetown Law Journal. Here is the abstract: The right to access government information is a foundational element of a democratic society, protected in the United States by the Freedom of Information Act, or FOIA. But agencies cannot […]
We have three administrative law opinions from the D.C. Circuit last week. The first two concern gas pipelines. In Center for Biological Diversity v. FERC, the Center for Biological Diversity and the Sierra Club petitioned the Court to review FERC’s decision approving a project to construct liquified natural gas facilities in Alaska’s North Slope. […]
Here is the April 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 […]
Thank you for your wonderful support in making the 2022 Administrative Law Fall Conference another great success. We conducted a Qualtrics survey of all attendees and speakers at the 2022 Conference, and results indicated a majority preference for a Virtual Conference in 2023. As a result, we are planning to hold a virtual conference on […]
The Administrative Conference of the United States (ACUS) invites readers to join us tomorrow, Thursday, May 18 (1:00-2:30 p.m. ET) to kick off the inaugural meeting of the ACUS Roundtable on State Administrative Procedural Practices. To attend, please click here to register for the virtual event. As Associate Justice Louis Brandeis famously noted, the states […]
OIRA is, of course, very much in the news lately. What great timing, because the American Enterprise Institute will host a conference this week on the last few years’ developments—the Trump Administration’s approach to regulatory budgeting, and the Biden Administration’s newer and broader reforms. It will be the afternoon of Wednesday, May 17. Full details, […]
The D.C. Circuit issued four opinions last week. 1. I.M. v. United States Customs and Border Protection should be of interest to immigration lawyers in particular. The court (Rao, Walker, Ginsburg) held that an alien who has been removed from the United States cannot challenge that removal order in a habeas proceeding, because such proceedings […]
The Supreme Court recently granted certiorari in Loper Bright Enterprises v. Raimondo, a case where commercial fishers are challenging an agency’s statutory authority to issue a regulation requiring the fishers to pay the wages of inspectors on their boats. The Question Presented (“QP”) that the Court agreed to hear includes a request to overrule Chevron v. NRDC (1984). […]
From the University of Texas School of Law website: The University of Texas School of Law is pleased to host the eighth annual Administrative Law New Scholarship Roundtable on May 16-17, 2023. Texas Law’s Prof. Melissa Wasserman and Prof. Wendy Wagner are organizing the event. The Administrative Law New Scholarship Roundtable is an annual event, […]
From the Pacific Legal Foundation’s website: Pacific Legal Foundation’s Center for the Separation of Powers seeks papers for a research roundtable on ending agency adjudication of private rights to be held near the end of October in Arlington, Virginia. Today, both federal and state agencies with the power to issue substantive regulations, investigate potential violations, […]
The D.C. Circuit issued three opinions last week. Let’s dive right into the two that raised administrative law questions. For one, the D.C. Circuit denied a petition for rehearing en banc in Guedes v. ATF – the bump-stock case. (For our prior coverage, see here and here.) In 2022, a unanimous panel rejected a challenge […]
From West Academic Press: Kristin E. Hickman, University of Minnesota Law SchoolRichard J. Pierce, Jr., The George Washington University Law SchoolChristopher J. Walker, University of Michigan Law School Federal Administrative Law: Cases and Materials, 4th Edition will be published in June and available for your Fall 2023 course. About the Casebook: This casebook is designed with an emphasis on accessibility. […]
Last week, Coinbase launched its first counteroffensive against the Securities Exchange Commission’s (“SEC”) aggressive enforcement posturing in the cryptoeconomy. The cryptocurrency trading platform filed a petition for writ of mandamus asking the Third Circuit to make the SEC act on its petition for rulemaking. The filing raises important questions about administrative power in several respects including agency nullification […]
Well, the D.C. Circuit issued only one decision last week. And judging by the six pages of counsel listings, it was a big one. However, it wasn’t an admin law case, and it’s hard to focus on anything else when the Supreme Court just today granted review on this question: “Whether the Court should overrule […]
The mad dash to the end of the semester this month has resulted in me just barely posting the SSRN reading list before the month turns over to May. But this looks like a terrific group of papers from March. Three more papers on the major questions doctrine (of course), and also two papers from […]