Thanks to the diligent work of my research assistant Patrick Sullivan, I have completed another annual update of the list of Legislation and Regulation (Leg Reg) and Administrative Law course requirements at ABA accredited law schools. The link to the list as a publicly viewable Google doc is here. Among the revisions since last year, […]
*This is the eighth 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. Bill Novak has written a terrific book, filled with important contributions. Three big ones stand out. The first appears in his conclusion, titled “the myth of the New […]
*This is the seventh 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. William J. Novak’s New Democracy: The Creation of the Modern American State is a bracing conspectus of the legal values that shaped the evolution of governmental institutions in […]
The AALS Section on Federal Courts is pleased to announce the annual award for the best article on the law of federal jurisdiction by a full-time, untenured faculty member at an AALS member or affiliate school—and to solicit nominations (including self-nominations) for the prize to be awarded at the 2023 AALS Annual Meeting. The purpose […]
*This is the sixth 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. Bill Novak’s New Democracy, like his first book The People’s Welfare, is a characteristically learned, conceptually sophisticated, and expansive history of the American regulatory state. This time, however, […]
*This is the fifth 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 profoundly important new book about the rise of the modern American state written by a leader in the field. The book focuses our […]
To cut to the answer (for those who have been on the edge of their seats): A final rule is final, such that withdrawing it requires a new round of notice and comment, when the Office of the Federal Register (OFR) makes it available for public inspection. Or possibly earlier, when a signed rule is […]
*This is the fourth 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. In his chapter on antitrust law and the American antimonopoly tradition, the penultimate substantive chapter of the book, Novak covers much familiar ground. Yet, he is not focused […]
For nearly a century, Congress has required broadcasters to identify the sponsors or providers of broadcast programming airing on their stations.[1] Implicitly such identifications should be truthful and non-deceptive. That imperative, truthful, non-deceptive identification of sources, is all the more critical to the extent that a program originates from a foreign governmental entity. Or so the […]
From December 1, 2021, the World Health Assembly, the governing body of the World Health Organization, has delegated to an Intergovernmental Negotiating Body (INB) the decision whether a new international pandemic agreement would be a binding treaty, a compact formed under WHO’s unique regulatory authority, or a set of non-binding recommendations. On July 21, 2022, […]
*This is the third 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. Bill Novak has written a remarkable book that debunks the myth that the American state was weak and unconcerned with providing for social welfare until it was transformed […]
I’m tagging in on the apportionments beat for a quick update. Prof. Matt Lawrence’s post explained that the 2022 Consolidated Apportionments Act required the Office of Management & Budget (OMB) to disclose materials related to apportionment decisions. (If “apportionments” is a word whose meaning escapes you, check out the instant-classic 2016 Yale Law Journal article by Prof. […]
*This is the second 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. Over six chapters, William J. Novak’s soon-to-be classic New Democracy tracks the evolution of six instrumentalities of the early 20th-century American state—citizenship, police power, public utility, social legislation, antimonopoly regulation, […]
*This is the first 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. Bill Novak’s New Democracy is a feast of a book and is a must read for anyone interested in administration and its history. The book stretches from the […]
*This is the introduction to a symposium on William Novak’s New Democracy: The Creation of the Modern American State. For other posts in the series, click here. For a generation, William Novak has been a major influence on scholarly discourses in legal history, public law, and American political development. Against the stereotypical narrative that American government before […]