The D.C. Circuit issued four opinions last week, and the lesson is to remember to file in the right place at the right time. The first opinion concerns a private right of action under the Rehabilitation Act, and the remaining three each rejects the respective appellants’ claims as filed too late, too early, in the […]
FTC Commissioner Christine Wilson, the only Republican member of the FTC, announced her resignation from the FTC this week. She explained her decision to resign in an op-ed in the Wall Street Journal. She accused FTC Chair Lina Khan and her Democrat colleagues of unethical, illegal, and unconstitutional conduct. This is the most significant resignation […]
Join us for a free webinar sponsored by the ABA Section of Administrative Law and Regulatory Practice on the impact of ChatGPT and other A.I. technologies on public comments in rulemaking on Friday, March 3, 2023, 12:00-1:30 pm Eastern Time via Zoom. Register for free here. Program Description ChatGPT and other technologies using large language models […]
May an agency revive a defunct rulemaking without notice, and then immediately promulgate a lightly revised version of the proposed rule as a final rule? The Department of Health and Human Services (“HSS”) arguably did just that in promulgating its rule specifying the administrative dispute resolution (“ADR”) process[1] for conflicts between drug makers and certain […]
If you’ve been waiting for a Miller Act case, I’m happy to say, wait no longer. In United States v. Hirani Engineering & Land Surveying, PC, the Court, in an opinion by Judge Rogers, reminded us to construe the Act liberally “‘in order properly to effectuate the Congressional intent to protect those whose labor and […]
In 2002, after a series of accounting scandals involving Enron and WorldCom, Congress swiftly passed the Sarbanes-Oxley Act in an effort to restore investors’ confidence in the market. The passage of the Sarbanes-Oxley Act was a watershed moment in U.S. financial history, and Section 404—requiring management assessment and auditor attestation of internal controls of financial […]
It’s a new year, and we have lots of new papers in administrative law to read! And we should expect many more with the February law review submission cycle just starting. Here is the January 2023 Edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law eJournal, which is […]
Before he was appointed as Assistant Attorney General for Antitrust, Jonathan Kanter spent over a decade in private practice arguing on behalf of his clients that Google was violating antitrust law in many ways. That history was part of the basis for a year-long Justice Department (DOJ) investigation to determine whether Kanter is too biased […]
Having closely followed the Consumer Financial Protection Bureau since its inception, I’m struck by the arguments that the CFPB is now making to the Supreme Court. After all, they squarely contradict a decade’s worth of the CFPB’s own statements. I’ve detailed that on Notice & Comment and elsewhere, but here is one more example, involving […]
I am honored to join Notice & Comment to revive the briefly dormant Administrative Conference Updates Series, which will provide regular updates on the work of the Administrative Conference of the United States (ACUS). This series will be your one-stop-shop for all the latest ACUS news, from information on new and ongoing projects to announcements […]
Reposting with updated deadline! The University of Texas School of Law is pleased to host the eighth annual Administrative Law New Scholarship Roundtable on May 16-17, 2023. Although we recognize that pandemic conditions could change at any point, the current plan is to hold this event in person on the University of Texas-Austin campus. The Roundtable […]
When the Biden administration’s student debt relief plan comes before the Supreme Court next month, it could benefit from an unlikely ally: inflation. The administration has issued its discharge plan under the HEROES Act, a statute that permits the Secretary of Education to “waive or modify” federal student loan requirements in connection with a “national emergency”—here, the Covid-19 pandemic. But […]
*This is the eleventh and final post in a symposium on Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand’s “Networks, Platforms, and Utilities: Law and Policy.” For other posts in the series, click here. Writing a book review, especially when that book weighs in at 1,200 pages, is an act of generosity. We are so […]
In a recent post, the Cato Institute’s Isaiah McKinney presented empirical findings that, over the last three years, circuit courts applied the Chevron “two-step” 84.5% of the time when reviewing agency interpretations of their enabling statutes, with 59.2% of these cases proceeding to a deferential posture at Chevron step two. McKinney contrasted Chevron’s prevalence in […]
The Supreme Court will hear oral arguments in Gonzalez v. Google next month. This is the first time the Court will consider Section 230(c)(1) of the Communications Decency Act, the central internet liability statute. The Gonzalez plaintiffs are families of victims of the Paris, Istanbul, and San Bernardino terrorist attacks. They claim that YouTube’s targeted recommendations assisted or aided in […]