Justice Scalia had strong opinions about dictionaries. While for many the best dictionary is whichever is closest on the shelf, not so for Scalia. No clearer was this on display than in his opinion in MCI v. AT&T, 512 U.S. 218 (1994). There, faced with a battle of the dictionaries—each side of the dispute wielding […]
For decades, corporate America has succeeded in delivering ever higher profits for shareholders by squeezing workers. Whether the basic driver is labor monopsony, or a lack of worker power to capture economic profits at corporations, or increasingly ruthless business and legal practices, there appears to be a fundamental power imbalance between workers and the providers […]
Sorry; this post is quick — I’ve been traveling today and am about to hop on a flight. The big D.C. Circuit news today this week this month this year this presidential term is, of course, this: We have written about Judge Jackson before here at Notice & Comment, including Aimee Brown’s post from earlier […]
*This is the tenth post in a symposium on the decisional independence of administrative adjudicators. For other posts in the series, click here. To conclude this symposium, I’ve been asked to describe recommendations of the Administrative Conference of the United States (ACUS) that bear on the decisional independence of federal agency adjudicators. While this post describes […]
*This is the ninth post in a symposium on the decisional independence of administrative adjudicators. For other posts in the series, click here. There is a growing concern in administrative law circles, and especially among administrative law judges and other agency adjudicators, that the decisional independence of agency adjudicators is increasingly being threatened. At least formally, […]
I confess that I haven’t closely followed Arizona v. City and County of San Francisco — argued today in the Supreme Court. After reviewing the transcript from the oral argument, however, it turns out that the case may raise pretty significant questions about remedies in administrative law. The question presented is “[w]hether States with interests […]
On February 21, 2022, Russian Federation President Vladimir Putin announced that Russia would recognize Donetsk and Luhansk, provinces now generally recognized as part of the sovereign territory of the Ukraine, as independent states. The recognitions raise numerous (urgent and alarming) questions of international peace and security, but for the limited purpose of this blog and […]
*This is the eighth post in a symposium on the decisional independence of administrative adjudicators. For other posts in the series, click here. **The following article, aside from including recent updates, was published on this blog on December 23, 2019. To Justice Breyer’s chagrin, the Court in Lucia v. SEC and Free Enterprise Fund v. PCAOB […]
*This is the seventh post in a symposium on the decisional independence of administrative adjudicators. For other posts in the series, click here. Professor Emily Bremer, the organizer of this symposium on the decisional independence of administrative adjudicators, remarked in her Introduction to the symposium that the “APA’s regime for ensuring the impartiality and decisional independence […]
Since the D.C. Circuit did not issue any opinions last week, I took a look at what might be forthcoming from a certain potential Supreme Court nominee. President Biden has promised to announce his nominee by the end of the month. If Judge Jackson is the chosen nominee (and assuming she follows Judge Garland’s practice) […]
I appreciate that the editors of Notice & Comment have given me the opportunity to reply to Ilan Wurman’s post and Mike Ramsey’s five-post series addressing my concerns about their Seila Law amicus brief with Steven Calabresi, Michael McConnell, Sai Prakash, Jeremy Rabkin, and Michael Rappaport, and about the errors in their scholarship cited in […]
*This is the sixth post in a symposium on the decisional independence of administrative adjudicators. For other posts in the series, click here. United States v. Arthrex is an Appointments Clause case that reads like a Vesting Clause case. Its shifting analytical frames and splintered alliances leave an important question unresolved: will the Court now […]
A few decades ago, various federal trial and appellate courts adopted an odd approach towards tax statutes that call for Treasury regulations but for which no regulations had been issued. These courts decided that they would not wait for the Treasury to act. Instead, they would apply the statutes without regulations. In doing so, they […]
Richard W. Parker was a brilliant lawyer, an accomplished teacher and scholar, and a valued member of the administrative law community. He cared deeply about people—foremost his family, about whom he spoke lovingly, and about all others with whom he interacted. Richard’s concern for others is reflected well in the remembrances that have been assembled […]
Last October, the UConn Law community was rocked by the loss of Richard Parker. I want to thank the Yale Journal on Regulation for establishing this series, collecting these remembrances, and inviting me to participate. In the classroom, Richard was a well-liked and effective teacher; among the faculty, he was a brilliant scholar and a […]