We Americans work hard, but we also love to play hard by engaging in an assortment of diverse hobbies. And as we all know, even with the Internet, finding that obscure item to facilitate our obsessive hobbies can often prove daunting. Like many folks, my search often begins at Amazon where I can find not only […]
*This is the fifth post in a symposium on the decisional independence of administrative adjudicators. For other posts in the series, click here. As Professor Michael Rappaport and other scholars have observed, agencies currently maintain an excessive degree of power and discretion to internally adjudicate agency enforcement actions. Professor Rappaport has proposed the creation of […]
Does your law practice or professional focus have any connection with the activities, policies, or regulations from federal or state regulatory agencies? If yes, then consider joining the ABA Section of Administrative Law and Regulatory Practice. Why? Our section members include leading administrative law professors; Supreme Court Justices; district and circuit court judges; state court […]
Colleagues in Administrative Law: In a month, the Society for Benefit-Cost Analysis will hold its annual meeting (March 17-18 and 21-22). The meeting will be held online this year and so it will be easy to attend. There are a number of sessions pertaining to the use of benefit-cost analysis in regulation and regulatory decision […]
This is always a fun time of the year, as administrative law scholars start to post working drafts of papers they are shopping in the spring law review cycle as well as recently published articles. This is a great list of new papers. Here is the January 2022 Edition of the most-downloaded recent papers (those […]
I’ve just posted a new paper on SSRN that focuses on what I call “Americana administrative law.” The premise is that nondelegationists are justifying a juristocratic take on nondelegation—operationalized through the major questions doctrine—with cynical or declinist notions of Congress and congressional incentives. The “Americana” in Americana administrative law comes from the nondelegationists’ attempt to […]
*This is the fourth post in a symposium on the decisional independence of administrative adjudicators. For other posts in the series, click here. In an earlier post in this symposium, Rick Levy and Rob Glicksman (hereinafter L&G) endorse the concept of a federal central panel for administrative adjudication. Their post draws upon an article that the […]
I had the privilege to meet Richard Parker in the early days of the negotiations of the Transatlantic Trade and Investment Partnership (TTIP), possibly the most ambitious, though ultimately aborted, “new generation” trade agreement between the United States and the European Union. While this was only the start of our friendship, it laid the groundwork […]
*This is the third post in a symposium on the decisional independence of administrative adjudicators. For other posts in the series, click here. One of the troubling aspects of the modern administrative state is that administrative adjudications violate the separation of powers—either understood as the Constitution’s original meaning or as a political principle. Yet, this […]
The standard view of the relationship between government and the nonprofit charitable sector treats them as separate and distinct. But they are not. Numerous federal agencies have statutory authority to receive tax-deductible charitable deductions. Their ability to do so, however, undermines the oversight accomplished through the Constitutionally-mandated appropriations process. Congress has also created many nonprofit […]
*This is the second post in a symposium on the decisional independence of administrative adjudicators. For other posts in the series, click here. Immigration law is the poster child for the need for greater decisional independence in agency adjudication. Take, for example, the politicized hiring of immigration judges, executive branch interference in a pending case, […]
*This is the tenth and final post in a symposium on Margaret Kwoka’s new book, Saving the Freedom of Information Act. For other posts in the series, click here. I am deeply indebted to Christina Koningisor for organizing this incredible line-up of contributors to engage with my new book, Saving the Freedom of Information Act. The responses to […]
I’m honored to participate in this symposium on the legacy of Richard Parker. Richard’s academic reputation is well justified. Unfortunately, I never got to know Richard, but I respected him. After his untimely passing, however, I learned something that I didn’t know before: Richard was a doer — not just a scholar — of administrative […]
I met Richard Parker at a meeting of the American Bar Association Section of Administrative Law and Regulatory Practice, when Richard made a presentation to the Section on cost-benefit analysis, a critical part of the rulemaking process. The presentation was well received, and he found many new friends in the audience who appreciated his experience […]
It was bound to happen, wasn’t it? On December 8, 2017, my co-blogger Aaron Nielson reported in D.C. Circuit Review – Reviewed on a speech given by Judge Randolph at the Center for the Study of the Administrative State. Last week Judge Randolph cited Aaron’s post for the first-ever D.C. Circuit citation to D.C. Circuit […]