I’m a little late this month with this post, but here is the February 2023 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. Perhaps not surprisingly, there are quite a few papers this month exploring various aspects of the Supreme Court’s […]
In the recent and ongoing debate over administrative remedies, Professor John Harrison has argued that the drafters of the APA would not have been “familiar with a pre-enforcement remedy of vacatur distinct from injunctions and declaratory judgments.” I’m skeptical. Here I offer just one data point that has informed my skepticism. This tidbit comes from […]
These remarks were delivered at the BYU Law conference on “The Past, Present, and Future of FTC Rulemaking” (Feb. 24, 2023). I’m not an antitrust scholar, rather, I’m a scholar of administrative law. And from that point of view, the Federal Trade Commission’s authority to issue rules concerning unfair methods competition is clear. I want […]
*This is the first 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 American public has lost faith in expertise. The reason why, as author and national security expert Tom Nichols points out in his 2017 […]
*This is the introductory 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’m honored that the N&C blog has agreed to host an online symposium on my book, Rebuilding Expertise: Creating Effective and Trustworthy Regulation in an Age of […]
The D.C. Circuit issued four decisions this week, all of which dismissed the claims before the Court at least partly on jurisdictional grounds. The two cases closest to the admin law heartland are ones where the litigants wanted to bring APA challenges but could not. In Federal Law Enforcement Officers Ass’n v. Ahuja, No. 21-5266 […]
Introduction This year, the United States Supreme Court heard its first major case on the corporate attorney-client privilege in decades. The issue before the Court was the appropriate test for whether a communication’s purpose was business or legal. The latter is privileged, the former is not. In In re Grand Jury, an unnamed law firm challenged a grand jury […]
*This is the final post in a symposium on Orly Lobel’s The Equality Machine: Harnessing Digital Technology for a Brighter, More Inclusive Future, selected by The Economist as a best book of 2022. All posts from this symposium can be found here. Further reviews can be found at Science, The Economist, and Kirkus. Lobel will be in NYC (NYU March 23 at […]
In a recent post on this blog, Jonathan Adler has written an imaginative contribution to the currently lively controversy over the propriety of nationwide injunctions. Other prominent scholars have expressed interest in his argument for curtailing these injunctions. In this post, I will briefly explain why I agree with Adler’s policy position up to a […]
[Originally Published: November 7, 2022; Last Updated: March 18, 2023] Below, I have prepared Volume III of the major questions doctrine (“MQD”) reading list. The literature has continued to grow and develop at an almost exponential rate. We’re starting to flesh out the Pro-MQD literature, and some anti-MQD folks are reckoning with whether we ought […]
Widener Law Commonwealth’s Gedid Lecture features leaders in government law discussing groundbreaking issues. On April 11, 2023 at 4:30pm Professor Cary Coglianese will give the 2023 Gedid Lecture, “Administrative Governance in the ChatGPT Era . . . and Beyond.” This program is virtual and one CLE credit in PA is available. Please register via this […]
*This is the eleventh post in a symposium on Orly Lobel’s The Equality Machine: Harnessing Digital Technology for a Brighter, More Inclusive Future, selected by The Economist as a best book of 2022. All posts from this symposium can be found here. Further reviews can be found at Science, The Economist, and Kirkus. Equality is appealing, can be SMART, and as […]
*This is the tenth post in a symposium on Orly Lobel’s The Equality Machine: Harnessing Digital Technology for a Brighter, More Inclusive Future, selected by The Economist as a best book of 2022. All posts from this symposium can be found here. Further reviews can be found at Science, The Economist, and Kirkus. In the The Equality Machine, Orly Lobel […]
*This is the ninth post in a symposium on Orly Lobel’s The Equality Machine: Harnessing Digital Technology for a Brighter, More Inclusive Future, selected by The Economist as a best book of 2022. All posts from this symposium can be found here. Further reviews can be found at Science, The Economist, and Kirkus. How things change. In the not-too-remote past, […]
Consultants Wanted for New Sourcebook on Public Participation in Agency Decision Making The Administrative Conference of the United States (ACUS) is seeking proposals from parties interested in serving as consultants for a forthcoming project that will survey and comprehensively analyze legal requirements and policies related to public participation in agency decision making processes. The project […]