Last week the D.C. Circuit issued United States v. Otunyo, in which the panel (Rao, Walker, Ginsburg) affirmed the conviction of appellant Otunyo for bank fraud, aggravated identity theft, and conspiracy to launder money, for which he was sentenced to 90 months’ imprisonment. Otunyo’s lead argument was that Kastigar v. United States precluded the government […]
Throughout the administrative state, laws regularly bar judicial review. In an article forthcoming in the Vanderbilt Law Review, I locate 190 statutory provisions that expressly bar judicial review over agency actions. Although review bars expressly state that judicial review is not available, litigation disputes frequently arise about how broad a review bar really is. One common dispute is […]
*This is the final post in a symposium on William Araiza’s Rebuilding Expertise: Creating Effective and Trustworthy Regulation in an Age of Doubt. All posts from this symposium can be found here. One can read blogs for bad reasons (shirking work), good reasons (learning), and, I suppose, no reason at all. There are excellent reasons for reading […]
Silicon Valley Bank (SVB) got big financing a shiny piece of the American Dream in a political fundraising hotspot. Its shareholders, its creditors, its regulators, and the public fell victim to the worldview and technology that had made it big. It died a badly run, badly supervised specialty bank.[*] The forceful federal response to its failure […]
*This is the ninth post in a symposium on William Araiza’s Rebuilding Expertise: Creating Effective and Trustworthy Regulation in an Age of Doubt. All posts from this symposium can be found here. I am pleased to participate in a symposium on Rebuilding Expertise, written by Professor William Araiza. My praise for this terrific book (included on its back cover) […]
Today’s Ad Law Reading Room entry is “Legitimizing Agencies” by Professor Brian Feinstein, which is forthcoming in the University of Chicago Law Review. Here is the abstract: The project of bolstering the administrative state’s perceived legitimacy is central to administrative law. To enhance agencies’ legitimacy with the public, generations of judges and scholars have variously […]
*This is the eighth post in a symposium on William Araiza’s Rebuilding Expertise: Creating Effective and Trustworthy Regulation in an Age of Doubt. All posts from this symposium can be found here. William D. Araiza’s Rebuilding Expertise presents an account of the decline of the role of expertise in the work of federal agencies and a prescription for […]
Last week the D.C. Circuit decided two COVID-related cases: Shawnee Tribe v. Yellen, involving a challenge to distributions of federal COVID-related aid, and Payne v. Biden, involving a challenge to President Biden’s executive order requiring executive branch employees to have the COVID-19 vaccine. The Shawnee Tribe case was not the first time that the D.C. […]
*This is the seventh post in a symposium on William Araiza’s Rebuilding Expertise: Creating Effective and Trustworthy Regulation in an Age of Doubt. All posts from this symposium can be found here. Bill Araiza’s stellar new book Rebuilding Expertise offers a thoughtful program for reform of contemporary administrative law. With his trademark clear prose and fair-minded analysis, Araiza offers […]
*This is the sixth post in a symposium on William Araiza’s Rebuilding Expertise: Creating Effective and Trustworthy Regulation in an Age of Doubt. All posts from this symposium can be found here. The relationship between expertise and theories of administrative governance has had its ups and downs. The two were strangers for the first century or […]
*This is the fifth post in a symposium on William Araiza’s Rebuilding Expertise: Creating Effective and Trustworthy Regulation in an Age of Doubt. All posts from this symposium can be found here. I am grateful for the opportunity to share some thoughts on Bill Araiza’s wonderful new book, Rebuilding Expertise. The book makes many interesting and valuable […]
A federal court of appeals found that several features of the internal administrative court system at the Securities and Exchange Commission violated the Constitution. The Solicitor General’s Office (SG), which represents the SEC in the Supreme Court, recently asked the Court to review the court of appeals decision but, on one of the questions presented for […]
In 2000, the FDA approved the use of mifepristone to induce abortion. More than twenty years later, in 2022, the Alliance for Hippocratic Medicine challenged the FDA rule in a pending case in the Northern District of Texas. The plaintiffs request a preliminary injunction, and U.S. District Judge Matthew J. Kacsmaryk might enjoin the FDA’s approval and block […]
*This is the fourth post in a symposium on William Araiza’s Rebuilding Expertise: Creating Effective and Trustworthy Regulation in an Age of Doubt. All posts from this symposium can be found here. In Rebuilding Expertise, Professor Araiza has created a comprehensive analysis of the problems faced by federal regulatory agencies and has provided recommendations to improve […]
*This is the third post in a symposium on William Araiza’s Rebuilding Expertise: Creating Effective and Trustworthy Regulation in an Age of Doubt. All posts from this symposium can be found here. Professor Araiza’s Rebuilding Expertise provides a terrifically informative, wise, and balanced tour of the evolution of agency rulemaking as well as the legislative, executive, and judicial structures that […]