The ABA’s Section of Administrative Law and Regulatory Practice has a long and storied history. The Section predates the enactment of the Administrative Procedure Act of 1946 (APA), though back when it was first chaired by Louis Caldwell in 1933 it was called the Special Committee on Administrative Law. Indeed, the Section played a critical […]
As I mentioned last week on Twitter, this summer I’ll be leaving Ohio State after ten wonderful years, to join the law faculty at The School Up North. I’m going to miss my colleagues and students here so much. But I’m also very excited about this next chapter. While my blogging activity has waned during […]
On April 4, Justice Barrett made an important speech at the Reagan Presidential Library.[1] Her message was “read the opinion.” At a time when confidence in the Supreme Court is low and falling and the belief that the Court is just a cluster of politicians in robes is high and rising, Justice Barrett’s point was […]
New Jersey sought to withdraw from the interstate compact that established the Waterfront Commission of New York Harbor, an interstate compact entity. The Waterfront Commission sued to enjoin New Jersey’s Governor from moving forward to terminate the Compact. The Third Circuit refused to allow the suit, holding that it was barred by sovereign immunity. In […]
As of yesterday, Judge Ketanji Brown Jackson will soon officially be Justice Ketanji Brown Jackson. There will also soon be another vacancy on the D.C. Circuit (and presumably on the ABA Admin Law Council). This is big news that almost certainly will have implications for decades. As the nation reacts to this development, here’s something related to […]
Much has been said about the wide range of experiences that Justice Ketanji Brown Jackson will bring to her new job on the Supreme Court of the United States. One that has rarely been mentioned is that she was, at the time of her nomination, a member of the Council of the ABA Section of […]
In a memorandum dated April 3, 2022, Kerry E. Doyle, head of the Office of the Principal Legal Advisor (OPLA), the attorney arm of Immigration and Customs Enforcement (ICE), issued long awaited guidance guidance to her attorneys regarding an memorandum issued by Secretary Alejandro N. Mayorkas published on September 30, 2021, which took effect on […]
Only a single decision out of the D.C. Circuit this week, and no administrative law to be found. But it does feature a win for my co-contributor Haley Proctor, who was on the brief representing Cuban physicians in Rodriguez v. Pan American Health Organization. The physicians sued the Pan American Health Organization (PAHO) for its […]
Pacific Legal Foundation’s Center for the Separation of Powers, The Center for Growth and Opportunity, and George Mason University’s Law & Economics Center seek papers for a research roundtable on due process deficits in regulatory agencies’ enforcement and adjudication practices, to be held on October 28, 2022, at the Scalia Law School. A constellation of […]
On the day before President Biden’s inauguration, the Department of Health and Human Services (HHS) adopted the Securing Updated and Necessary Statutory Evaluations Timely rule,colloquially known as the SUNSET Rule, because it would sunset any regulation that had notbeen assessed and, where required, reviewed within a specific timetable. Specifically, it providedthat all HHS regulations would […]
On July 9, 2021, President Biden signed an executive order that encouraged the Federal Trade Commission (FTC) to exercise its competition rulemaking authority in several areas including labor markets. But whether the FTC actually possesses competition rulemaking authority is a subject of vigorous debate. Despite recent critiques, the best reading of the FTC Act is that […]
“So, you’re a rocket scientist?” That question, put by investment banker Jared Cohen to Peter Sullivan, an associate who has figured out that the bank they both work for is dangling on the precipice of collapse, is among the most memorable from the 2011 film Margin Call. Sullivan’s response? “I was, yeah,” but “the money […]
This Sunshine Week brought much awaited Freedom of Information Act (FOIA) guidance from the Biden administration. On March 15, Attorney General (AG) Merrick Garland issued a FOIA memorandum directed to the heads of executive departments and agencies. The four-page memo announces Department of Justice (DOJ) guidelines established for the administration of FOIA. Its issuance was […]
The Administrative Conference of the United States and the National Academy of Public Administration are hosting a forum, Advice and Consent: Problems and Reform in the Senate Confirmation of Executive Branch Appointees, on March 29 (1-3pm ET). Register to attend the virtual event here. Description: The federal government relies on political appointees and career civil servants to operate […]
The Supreme Court held in United States v. Arthrex that administrative patent judges’ decisions must be subject to agency-head review because they were not appointed as principal officers. In practice, and as Professor Chris Walker has explained, there are not many remaining administrative adjudicators who issue final decisions that lack agency-head review. But there are […]