On the Friday after the election last November, the Journal of Law Reform student editors and I convened scholars from across the country at the University of Michigan Law School to discuss the future of agency independence. The goal was to center our discussion on the traditional unitary executive debate and then look beyond statutory […]
Here is the list of works included in the October 2025 Comparative Administrative Law Scholarship Corner, which is curated by Eduardo Jordão (FGV Law School, Rio de Janeiro), with the assistance of Eduarda Onzi. The Scholarship Corner is a resource provided through the Comparative Administrative Law listserv. For more information about this terrific resource, check out my first […]
A law can exist and not exist at the same time. One morning, it binds the U.S. government and reassures the public; by afternoon, it has been secretly rescinded without altering the official public record. On paper, it still stands. In practice, it is gone. That is the odd physics of America’s executive orders. Even […]
From Timothy Lytton, Chair of the Association of American Law Schools (AALS) Administrative Law Section: The executive committee of the AALS section on Administrative Law and the award selection committee are pleased to announce that the winner of the 2026 Emerging Scholars Award for Outstanding Scholarly Publication is Adam Crews for his article Visions of Vermont […]
Here is the September 2025 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. This is a great mix of new and established voices in the field covering a wide range of topics in administrative law. For more on why SSRN and […]
On October 21, OIRA’s Acting Administrator signed M-25-36, “Streamlining the Review of Deregulatory Actions.” I will leave it to others to comment more fully on many of its provisions, including: Instead, I want to focus on Part III, on deregulation’s purportedly unique benefits. The memo makes many claims that fly in the face of sound […]
In a week when the D. C. Circuit issued no opinions, we find ourselves with some time on our hands. Given the dire warnings that our addiction to screens is creating a post-literate society with its attendant personal and social pathologies, this may be a good time to read a book. My recommendation is Justice […]
The Supreme Court has enabled a dramatic expansion of executive power during the first nine months of the Trump Administration. Much of this has occurred with minimal or no explanation on the emergency docket, allowing the Administration to proceed without any consideration, much less a determination, of whether the challenged, ongoing activity is lawful. Examples […]
A couple weeks ago I recorded a Gray Matters podcast with Jace Lington, which was a lot of fun. You can give it a listen here. The C. Boyden Gray Center is such a great resource in the field of administrative law. Here are the details from the Gray Center website: Jace Lington chats with […]
Halloween is around the corner, and the time is ripe for a “ghoul” to “sit up in its grave and shuffl[e] abroad.” Is Chevron—lately interred by the Supreme Court—that ghoul? One can certainly sense its presence in one of the D.C. Circuit’s opinions from last week: CBOE Global Markets v. SEC. The decision (by Judge […]
The November 20-21, 2025 Annual ABA Administrative Law Conference registration is now open! Please see the conference brochure for more information and a registration form. In view of current conditions, registration rates are significantly reduced. Individuals may register online. Groups should contact the service center – instructions are on the last page of the brochure. […]
This post is part of Notice & Comment’s symposium on the Senate Post-Chevron Working Group Report. For other posts in the series, click here. In this era of the rapid change in administrative law—both at the Supreme Court and from the White House—I am grateful that Senator Schmitt has stepped up as a thought leader in the Senate […]
This post is part of Notice & Comment’s symposium on the Senate Post-Chevron Working Group Report. For other posts in the series, click here. We agree with Sen. Eric Schmitt that “Congress must reclaim the habit of legislating.” While much of the senator’s report and commentary addresses the challenges posed by the administrative state, we hope he and […]
This post is part of Notice & Comment’s symposium on the Senate Post-Chevron Working Group Report. For other posts in the series, click here. The Congressional Review Act is a congressional eraser that wipes agency rules clean—and prevents their future reenactment. President Trump is wielding the Act more effectively than ever before, with a Republican trifecta in control […]
One of the strongest arguments against the unitary executive interpretation of the Constitution is based on the Opinions Clause. If the President has constitutional authority to direct executive branch officials, why was a clause that authorized him to “require the Opinion, in writing, of the principal Officer in each of the executive Departments” needed? After […]