The D.C. Circuit issued nine opinions this week, six of which concern administrative law or related topics. Beginning with the traditional administrative law cases, Bloomberg v. SEC concerns FINRA’s proposal to create a centralized service that provides bond-market participants core reference data for new issues of corporate bonds. SEC approved the proposal, and Bloomberg—a private […]
In National Assn of Broadcasters v. FCC, No. 21-1171 (July 12, 2022), a D.C. Circuit panel invalidated an FCC rule designed to ensure that material aired by broadcasters was properly identified when coming from a foreign government. The regulation’s fatal flaw was its requirement that broadcasters check two government databased to ascertain whether the entity […]
In January, the AALS Administrative Law Section recognized Benjamin Eidelson and Blake Emerson as co-recipients of its second annual Emerging Scholar Award. Nominations for this year’s award are due on September 30th. Self-nominations are welcome! Full-time faculty members without tenure at the time of the work’s publication, including those with fellowships, visiting assistant professorships, or similar positions, are eligible. To nominate someone, please send an anonymized version of their work to me, […]
The Administrative Conference of the United States (ACUS) is seeking to hire an experienced, senior-level attorney advisor at the GS-13 or GS-14 level. The ideal candidate would have at least two years of experience working as an attorney in a setting requiring them to independently manage a portfolio of projects and possess a demonstrative academic or professional […]
Earlier this summer, the international trade community celebrated reaching agreement around several topics at the World Trade Organization (WTO) in Geneva. After many years of stagnation in negotiations, the WTO demonstrated its continued relevance in the development of shared rules and principles related to international commerce. Now the member countries must take these agreements home […]
The D.C. Circuit was busy this week — really busy: This creates a problem for a blog series like this one that attempts to tie together opinions based on themes. Of course, I could play the * game.* Or I could come up with a theme that is so general that it serves no function […]
*This is the twelfth and final post in a symposium on William Novak’s New Democracy: The Creation of the Modern American State. For other posts in the series, click here. It is truly an honor to have my new book New Democracy serve as the vehicle for these 12 diverse, thoughtful, and fully engaged commentaries on […]
Another big week at the D.C. Circuit. The court issued 10 opinions, as the judges clear their dockets before the clerks turn over for the year. Five out of those 10 opinions involve administrative law, so we’ll focus there. The others deal with when a company is a bona fide partnership for tax purposes; a […]
From the Society for Benefit-Cost Analysis (registration here): Benefit-Cost Analysis for U.S. Regulations co-sponsored by the Society for Risk Analysis (SRA) Benefit-cost analysis is used around the world to assess regulatory impacts. This workshop introduces the use of Benefit-Cost Analysis for Regulatory Impact Analyses (RIAs) in the Federal government. The topics will include issues of identifying […]
Please join us for the ABA Administrative Law Section’s yearly Administrative Law CLE Conference on Thursday December 1 and Friday December 2, 2022! The conference will be virtual. This year’s program is stellar. Panel topics include regulating emerging technologies, OIRA, the nondelegation doctrine, and the Major Questions Doctrine– it’s all here! Our Friday Developments panels […]
The D.C. Circuit issued ten opinions in the last week of July, so this will be a necessarily brief recap. (Eleven, if you count a concurring statement by Judge Silberman, stating his view that the availability of a remedy under the Federal Tort Claims Act is a special factor precluding a Bivens remedy in a […]
Today’s is not the economy of years past. Gone are the days when tried-and-true manufacturing and a steady, patriotic gusto were enough to ensure an American company’s success; to thrive in the modern market, large companies must maintain a well-organized, nearly prescient process of tax structuring and avoidance. Enter the global scale, and the process […]
*This is the eleventh post in a symposium on William Novak’s New Democracy: The Creation of the Modern American State. For other posts in the series, click here. Thomas Cooley is only a minor figure in Bill Novak’s field-shaping book New Democracy: The Creation of the Modern American State. A chief justice of the Michigan Supreme […]
*This is the tenth post in a symposium on William Novak’s New Democracy: The Creation of the Modern American State. For other posts in the series, click here. Novak’s New Democracy is a dazzling historical blueprint of progressive reform with utmost pressing relevance for our immediate future. The story of the New Deal as a paradigm […]
*This is the ninth post in a symposium on William Novak’s New Democracy: The Creation of the Modern American State. For other posts in the series, click here. It’s a privilege to participate in this symposium on William Novak’s important new book New Democracy: The Creation of the Modern American State. New Democracy is an engaging, […]