Notice & Comment

Notice & Comment

Notice & Comment

Balancing in the Shadows of Noem v. Vasquez Perdomo, by Avi Siegal

The Supreme Court’s grant of the government’s application for a stay in Noem v. Vasquez Perdomo drew attention for both its short-term outcome—namely, greenlighting sweeping racial-profiling detentions in Los Angeles by armed and masked DHS agents—and its jarring illustration of shadow-docket fiat. It is hard to parse because there is nothing to parse; in lieu […]

Notice & Comment

Futurizing Bank Supervision, by Yesha Yadav

This post is part of Notice & Comment’s symposium on Peter Conti-Brown and Sean Vanatta’s Private Finance, Public Power: A History of Bank Supervision in America. For other posts in the series, click here. Private Finance and Public Power by Peter Conti-Brown and Sean Vanatta offers the comprehensive account of how financial regulation intersects at the frontlines with […]

Notice & Comment

The Next Frontier of Surveillance: Investigating Pricing Systems, by Stephanie T. Nguyen

Advertising and pricing technologies over time have been converging – enabling real-time price changes powered by billions of granular data points. This creates a powerful incentive among companies to optimize profit at the individual level. As firms race to outdo one another, firms will compete to become more opaque, faster, and harder for consumers to […]

Notice & Comment

Historicizing the Administrative State: The View from the Comptroller of the Currency, by Naomi R. Lamoreaux

This post is part of Notice & Comment’s symposium on Peter Conti-Brown and Sean Vanatta’s Private Finance, Public Power: A History of Bank Supervision in America. For other posts in the series, click here. Private Finance, Public Power, by Peter Conti-Brown and Sean Vanatta, is a contribution to the history of the administrative state, in addition to the […]

Notice & Comment

The Price of Surveillance: The Parallel Evolution of Targeted Ads to Targeted Prices, by Stephanie T. Nguyen

As technology advances, each new development often builds on what came before. The growing flood of data from connected devices has opened new opportunities for companies to target people with increasing precision. Over the past century, advertising and pricing have followed this trajectory, moving through four distinct phases: from broad, mass-market strategies to today’s highly […]

Notice & Comment

It’s Not Regulation, It’s Supervision!, by Jonathan Macey

This post is part of Notice & Comment’s symposium on Peter Conti-Brown and Sean Vanatta’s Private Finance, Public Power: A History of Bank Supervision in America. For other posts in the series, click here. The goal of scholarship in law, in economics, or in general should be to expand our understanding of the world. Peter Conti-Brown and Sean […]

Notice & Comment

Bank Supervision and the Lost Century of Federal Administrative Law, by Nicholas R. Parrillo

This post is part of Notice & Comment’s symposium on Peter Conti-Brown and Sean Vanatta’s Private Finance, Public Power: A History of Bank Supervision in America. For other posts in the series, click here. Peter Conti-Brown and Sean Vanatta’s Private Finance, Public Power: A History of Bank Supervision in America is ambitious in its temporal sweep, extending from […]

Notice & Comment

Ad Law Reading Room: “Officers at Common Law,” by Nathaniel Donahue

Today’s Ad Law Reading Room entry is “Officers at Common Law,” by Nathaniel Donahue, which is forthcoming in the Yale Law Journal. Here is the abstract: The Framers of the federal Constitution said almost nothing about how subordinate officers would be held accountable. This Article provides one overlooked explanation for this longstanding puzzle. The Constitution […]

Notice & Comment

Supervision in Comparative Perspective, by Paul Tucker

This post is part of Notice & Comment’s symposium on Peter Conti-Brown and Sean Vanatta’s Private Finance, Public Power: A History of Bank Supervision in America. For other posts in the series, click here. Reading Peter Conti-Brown and Sean Vanatta’s rich history of banking supervision in the U.S., I was prompted to ask myself whether there is a […]

Notice & Comment

D.C. Circuit Review: Reviewed – High drama and low drama at the D.C. Circuit; a national tragedy

Two cases in the D.C. Circuit last week continue the drama created by the Trump Administration’s muscular and maximalist views of Executive power. Another was less dramatic. Shira Perlmutter began serving as Register of Copyrights and Director of the U.S. Copyright Office, a position housed within the Library of Congress and appointed and supervised by […]

Notice & Comment

In Defense of M, by Jeremy Kress

This post is part of Notice & Comment’s symposium on Peter Conti-Brown and Sean Vanatta’s Private Finance, Public Power: A History of Bank Supervision in America. For other posts in the series, click here. Peter Conti-Brown’s and Sean Vanatta’s excellent history of bank supervision, Private Finance, Public Power, arrives at a crucial moment. Supervisory discretion is facing an […]

Notice & Comment

Grants Litigation in a Post-APHA World, by Andrew Porwancher

The Department of Government Efficiency’s effect on executive agencies last spring was swift.  DOGE teams hopped from agency to agency, terminating thousands of grants worth billions of dollars.  From medical labs to art museums, grantees of all stripes sprinted to the courthouse in a bid to salvage their funding.  Judges are now facing an onslaught […]