The Fifth Circuit’s recent decision invalidating tenure protections for SEC Administrative Law Judges (“ALJs”) in Jarkesy v. SEC builds on a series of recent challenges to similarly protected ALJs at the FTC and the Dep’t of Agriculture. At first blush the double for-cause tenure protections applicable to ALJs might seem to violate Article II of […]
I thought I’d publicize a few job opportunities for law students and lawyers interested in administrative law: The Administrative Conference of the United States is hiring an Attorney Advisor (posting here). The Office of the General Counsel at the Office of Personnel Management (OPM) is hiring a number of Attorney Advisors (posting here). [UPDATE: The […]
Here is the April 2022 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. Severability First Principles by William Baude (109 Virginia Law Review forthcoming) An Overview of Privacy Law in 2022 by Daniel J. Solove & Paul M. […]
It’s great that D.C. Circuit Review – Reviewed is now a team effort. One downside, though, is that I don’t blog every week. This means that when lots of things are happening, ideas start to accumulate. Well, it is my turn to write, so here are 13 thoughts on the D.C. Circuit. 1. We all […]
The D.C. Circuit does not seem to be listening to our predictions for a busy May. Although it has broken its silence this week, the Court issued only two, fairly short opinions. But luckily for us, they both touch on administrative law. First, in CSL Plasma Inc. v. U.S. Customs and Border Protection, blood plasma […]
In May 2018, a non-citizen seeking immigration relief submitted a complaint against his attorney to Executive Office of Immigration Review (“EOIR”). He alleged that his attorney had charged him $10,000 a year to handle his case, begun immigration proceedings without his consent, and forged his name on various legal documents. Now, almost four years later, […]
Last week, and for the second week in a row, the D.C. Circuit issued no opinions. We’re still expecting a busy May here at D.C. Circuit Review – Reviewed, so stay tuned. Still, there’s something to say about several cases argued last week. The oral argument in K.O. v. Sessions showed the skepticism with which […]
We thought you might like to learn more about members in the ABA Administrative Law & Regulatory Practice Section, so we have restarted our Section Member Spotlight Series. Prior posts in this series can be found here, on the Section’s legacy Notice and Comment blog that merged with the Yale Journal on Regulation‘s blog in 2015. The next […]
The ABA Section of Administrative Law and Regulatory Practice’s Annual Spring Administrative Law Conference is Friday, May 13, 2022, and will be entirely virtual. The Administrative Law Conference is two events in one. We will have two simultaneous tracks: the Administrative Law & Regulatory Practice Institute, chaired by Adam White, and the Homeland Security Law […]
Somewhat surprisingly for the last week in April, the D.C. Circuit issued no opinions this week. April usually sees the numbers of decisions ramp up as the court moves into the last month of argument (May) and towards the goal of wrapping up the term’s cases over the summer. Only 7 decisions were handed down […]
The D.C. Circuit issued four opinions this week. Three were in its wheelhouse of agency or public law litigation. One was atypical: a purely commercial dispute. Just for the novelty of it, let’s start with the outlier. Reinsurance disputes are not the standard fare of the D.C. Circuit, and the Court had to wrestle with […]
Recently, the Second Circuit issued a significant Freedom of Information Act (“FOIA”) decision construing the FOIA exemption covering law enforcement records that “would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the […]
The Court issued only one opinion last week, but fortunately for readers of this blog, it involves administrative law. It also provides an enlightening grammar lesson for any reader who, like me, learned most of her grammar in a foreign language class. Gentiva Health Services, Inc. v. Becerra involved a challenge to CMS’s methodology for […]
As noted in my introductory post, I had the privilege of inducting Professor Ron Levin into the Senior Fellow ranks of the ABA Section of Administrative Law and Regulatory Practice. This is the highest honor in the Section, as we have only inducted twenty Senior Fellows in the Section’s history. Ron Levin is the William R. […]
As noted in my introductory post, I had the privilege of inducting Professor Renée Landers into the Senior Fellow ranks of the ABA Section of Administrative Law and Regulatory Practice. This is rarefied air in administrative law, as we have only inducted twenty Senior Fellows in the Section’s storied history. Renée Landers is a Professor […]