The Administrative Conference of the United States will soon begin fall committee meetings on a slate of projects targeted for completion at the 68th annual plenary session, to be held in December. These projects include: (1) Plain Language in Regulatory Drafting; (2) Agency Guidance; (3) Regulatory Waivers and Exemptions; and (4) Regulatory Experimentation. A description (taken […]
Cross-posted on Objective Intent. On August 18, the President signed the Food and Drug Administration Reauthorization Act of 2017 (FDARA), which reauthorized FDA to collect user fees in connection with new drugs, biologics, and medical devices for human use. These user fee programs are colloquially known as PDUFA (innovator drugs and biologics), GDUFA (generic drugs), BsUFA […]
Loyola Chicago has a terrific Center for Compliance Studies, which is directed by Ryan Meade. Last year I participated in the Center’s first annual symposium “Complying with Law: An Interdisciplinary Dialogue.” I’m fascinated by the field of compliance, and the role of lawyers — and administrative law — in it. Last year’s symposium was a terrific opportunity […]
Immigration law is tasked with determining who should be removed (deported) from the United States. Theoretically, that adjudication takes place before an immigration judge, who works for the Department of Justice. A lawyer for the Department of Homeland Security represents the government. There is a good chance the foreign national has no attorney, especially if […]
The Senate has now released the Better Care Reconciliation Act of 2017, its answer to the House’s American Health Care Act. The bill is wildly unpopular and has already come under fire from Senate Republicans, either for being too mean or not mean enough. But some version of the BCRA may still get 50 votes […]
It is now summer. How do we know this? Sure, you could just go outside and feel the sun.* Or you could look at a calendar. But there is another way. You can count the number of decisions issued by the D.C. Circuit! Come summer, the Court starts issuing lots (and lots) of opinions. This […]
To corral some last-minute votes, the House leadership has endorsed the Upton amendment to the American Health Care Act. The legislative text was released late yesterday, giving members no time to understand what it does before they vote on it today. That’s a shame: the amendment works at cross-purposes with other parts of the AHCA, […]
On January 30, President Trump issued an Executive Order entitled “Reducing Regulation and Controlling Regulatory Costs,” which if properly implemented may herald the most significant changes in the federal regulatory process since 1981, when President Reagan instituted formal White House Regulatory Review of rules issued by Executive departments and agencies. At this stage, analysis of […]
This post was coauthored by Nicholas Bagley and Adrianna McIntyre. The executive order President Trump signed on Friday does not have any immediate policy effect, but it does call attention to the wide range of administrative actions that a Trump administration could take to change the Affordable Care Act—all without legislation from Congress. We’ve compiled […]
There are some misconceptions floating around about what the executive order does and doesn’t do. Let me try to clarify. As I explained in a post last week, “[a]uthority to implement the ACA … is vested in the Secretaries of HHS, Treasury, and Labor—not the President. In the context of the ACA, an executive order […]
A Trump administration is unlikely to be supportive of three of the four recommendations relating to adjudication in the Report to the President-Elect by the ABA Section on Administrative Law and Regulatory Practice. Considering these recommendations (though not in the order they were presented in the ABA’s letter): 1) The Ad Law Section urged the […]
In a post last week , my co-blogger Daniel Hemel explained how Section 707(a)(2)(A) may allow the IRS to deny the tax benefits associated with so-called carried interests, even in the absence of legislative action. That statute essentially grants the IRS the regulatory authority to alter the tax treatment of transactions between partners and partnerships, […]
In my previous post, I briefly discussed how the IRS has short-circuited the APA’s notice and comment rulemaking procedures to combat tax motivated transactions by private equity firms. I’d like to further flesh out that point here. Given the general readership of this blog, I’ll start by considering a hypothetical environmental statute and then turn […]
I’ve previously blogged about the Administrative Conference of the United States (ACUS) here and here, and I’m a big fan of ACUS’s role in bridging the gap between the theory and practice of administrative law and improving administrative governance in the United States. ACUS has just announced a request for proposals to serve as a consultant on […]
As we enter the New Year, SSRN has some terrific new administrative law scholarship to consume. Here is the December 2014 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 William Funk. For more on why SSRN and this eJournal are […]