On Monday, the Notre Dame Law Review hosted a terrific live symposium entitled the History of the Administrative Procedure Act and Judicial Review. It was such a terrific event, and I learned a lot. The editors have posting the video recordings of the panels on the law review’s YouTube channel here. Here are the panel […]
*This is the tenth post in a symposium on Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand’s “Networks, Platforms, and Utilities: Law and Policy.” For other posts in the series, click here. The arrival of the first new casebook on regulated industries—what its authors call “Network, Platform, and Utility” (NPU) law—in a quarter century is […]
The latest variant of the epidemic of constitutional challenges to federal administrative adjudicators was blocked by the Court of Appeals for the Federal Circuit (CAFC) when it rebuffed a series of arguments challenging the appointment of Administrative Judges (AJs) of the Merit Systems Protection Board (MSPB). McIntosh v. Department of Defense, 53 F. 4th 630 […]
On Thursday, February 8, 2023, there’s a terrific law review symposium in Washington, DC, on democratic accountability in the administrative state. Shoba Wadhia and I will be presenting our new working paper on democratic accountability and modes of regulatory policymaking. Definitely join us if you’re in DC and have time. Here are the details from […]
*This is the ninth post in a symposium on Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand’s “Networks, Platforms, and Utilities: Law and Policy.” For other posts in the series, click here. One of the things that constituted the neoliberal era in law schools was a mainstreaming of a very particular view about markets. Markets […]
*This is the eighth post in a symposium on Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand’s “Networks, Platforms, and Utilities: Law and Policy.” For other posts in the series, click here. Writing a law textbook is a huge task. Writing a textbook that takes a panoramic view of multiple substantive issues and areas of […]
*This is the seventh post in a symposium on Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand’s “Networks, Platforms, and Utilities: Law and Policy.” For other posts in the series, click here. Networks, Platforms and Utilities (NPU) is an ambitious book.It covers an enormous range of industries and regulatory frameworks—everything from banking to the postal […]
*This is the sixth post in a symposium on Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand’s “Networks, Platforms, and Utilities: Law and Policy.” For other posts in the series, click here. When I went to law school, after having spent years studying the political economy of particular industries (energy, forest products, chicken processing, agricultural […]
With Christmas season behind us, my children have found one way to keep the spirit alive through the long, cold winter nights that lie ahead: by continuing to demand The Twelve Days of Christmas as their bedtime song. You might think this would grow old, even for my toddler, but they keep the excitement up […]
*This is the fifth post in a symposium on Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand’s “Networks, Platforms, and Utilities: Law and Policy.” For other posts in the series, click here. The new casebook by Morgan Ricks, Ganesh Sitaraman, Shelley Welton and Lev Menand on the law and policy of networks, platforms, and utilities […]
BYU Law is hosting a series of free conferences and webinars on antitrust and tech-related regulatory issues. Our next conference will be on Friday, February 24 in Washington D.C. (and remotely), and will address the past, present, and future of Federal Trade Commission rulemaking — a timely topic for obvious reasons. Commissioner Christine Wilson and Elizabeth […]
Back in February 2021, in the early days of the Biden Administration, I wrote about when we might expect to see a nominee for the administrator of the Office of Information and Regulatory Affairs (OIRA). The conventional wisdom is that Cabinet heads go first and then the administration works its way down the hierarchy filling […]
*This is the fourth post in a symposium on Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand’s “Networks, Platforms, and Utilities: Law and Policy.” For other posts in the series, click here. “We encourage you to think of it as offering something like a liberal arts education in the structural foundations of American capitalism.” (p. […]
At its plenary session in December, the Administrative Conference of the United States (ACUS) voted to adopt a recommendation to improve precedential decision making in agency adjudication. This recommendation is based on my report with Melissa Wasserman and Matt Wiener entitled Precedential Decision Making in Agency Adjudication. Last week, those recommendations were published in the […]
*This is the third post in a symposium on Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand’s “Networks, Platforms, and Utilities: Law and Policy.” For other posts in the series, click here. In the preface to the 1994 edition of Economic Regulation: Cases and Materials (a precursor to Networks, Platforms, and Utilities (NPU) Law & […]