On Wednesday, March 16th, at 1:30, the American Bar Association has organized an hour-long CLE webinar on the major questions doctrine. Tom Dupree and I will be discussing the doctrine and its implications for the administrative state, with Cheyenne Chambers moderating. It’s free for ABA members, and you can register here. Here’s the webinar description: […]
*This is the fifth post in a symposium on Orly Lobel’s The Equality Machine: Harnessing Digital Technology for a Brighter, More Inclusive Future, selected by The Economist as a best book of 2022. All posts from this symposium can be found here. Further reviews can be found at Science, The Economist, and Kirkus. There are two books, both separately competing […]
*This is the fourth post in a symposium on Orly Lobel’s The Equality Machine: Harnessing Digital Technology for a Brighter, More Inclusive Future, selected by The Economist as a best book of 2022. All posts from this symposium can be found here. Further reviews can be found at Science, The Economist, and Kirkus. In her inspiring and compelling book, The Equality […]
*This is the third post in a symposium on Orly Lobel’s The Equality Machine: Harnessing Digital Technology for a Brighter, More Inclusive Future, selected by The Economist as a best book of 2022. All posts from this symposium can be found here. Further reviews can be found at Science, The Economist, and Kirkus. Legal scholarship around artificial intelligence (AI) has […]
*This is the second post in a symposium on Orly Lobel’s The Equality Machine: Harnessing Digital Technology for a Brighter, More Inclusive Future, selected by The Economist as a best book of 2022. All posts from this symposium can be found here. Further reviews can be found at Science, The Economist, and Kirkus. In the midst of abundant scholarly criticism […]
*This is the first post in a symposium on Orly Lobel’s The Equality Machine: Harnessing Digital Technology for a Brighter, More Inclusive Future, selected by The Economist as a best book of 2022. All posts from this symposium can be found here. Further reviews can be found at Science, The Economist, and Kirkus. The message of Orly Lobel’s book The Equality […]
The D.C. Circuit has been good to its Washington neighbors lately, awarding victories to the federal agency/officer in four of the five opinions it issued last week. In Midwest Ozone Group v. EPA, EPA’s Cross-State Air Pollution Rule Update was back before the Court following a remand and revision. Professor Nielson profiled the remand in […]
*This is the introduction to a symposium on Orly Lobel’s The Equality Machine: Harnessing Digital Technology for a Brighter, More Inclusive Future, selected by The Economist as a best book of 2022. All posts from this symposium can be found here. Further reviews can be found at Science, The Economist, and Kirkus. Consider these paradoxical […]
I’m pleased to report that Jennifer Mascott — Assistant Professor and Co-Executive Director of The C. Boyden Gray Center for the Study of the Administrative State at the Antonin Scalia Law School — has received this year’s Joseph Story Award. This Award is presented annually to a professor with less than ten years of experience […]
Section 553 of the Administrative Procedure Act, more commonly known as the notice-and-comment rulemaking process, is hailed as “one of the greatest inventions of modern government.”[1] In my forthcoming Article—prepared for the Annual Review of Administrative Law issue—I consider the innovative value of Section 553 from the perspective of two problems identified by economist Friedrich A. Hayek. To […]
The oral arguments this week in Biden v. Nebraska and Department of Education v. Brown on student debt cancellation gave the Supreme Court another opportunity to expand upon the major questions doctrine, which the Court formally gave life last term in West Virginia v. EPA, 142 S. Ct. 2587 (2022). Daniel Deacon and Leah Litman have criticized the “new” major questions doctrine’s reliance on political […]
The Society for Benefit-Cost Analysis will hold its annual meeting in-person on March 9-10 and online on March 13-14. As in the past, there are many sessions pertaining to the use of benefit-cost analysis in regulation and regulatory decision making that those who study administrative law will find useful. Those include: Regulatory Policy in the United States: […]
During oral argument in Department of Education v. Brown, the second case concerning the Biden Administration’s student loan forgiveness plan, the question arose whether it is proper for a single district or circuit court to impose a nationwide injunction against a federal policy where doing so is not necessary to provide complete relief to the […]
I’m traveling this weekend. So I decided to cheat with my post. Instead of taking time to explain the D.C. Circuit’s opinions this week, I asked ChatGPT to summarize them for me. First, I asked ChatGPT to “Summarize Warren Harris v. Muriel Bowser from DC Circuit.” This is what I learned: In Warren Harris v. […]
The Judicial Division of the ABA is hosting a virtual CLE webinar on the independence of agency adjudicators on March 17 at 1pm eastern. The focus is on immigration courts, but the program will tie problems with the immigration courts to administrative adjudication generally. Register here: https://www.americanbar.org/events-cle/mtg/web/429200180/?login Speakers: Hon. Joan Churchill, Immigration Judge (Ret.), Chair […]