Notice & Comment

Notice & Comment

Notice & Comment

Toward a Federal Central Panel for Administrative Adjudication, by Richard E. Levy & Robert L. Glicksman

*This is the first post in a symposium on the decisional independence of administrative adjudicators. For other posts in the series, click here. A confluence of factors has brought increased attention to the structural aspects of administrative adjudication, as reflected in this blog symposium. The long-held assumption that agencies would usually conduct adjudications pursuant to […]

Notice & Comment

Introduction to Our Symposium on the Decisional Independence of Administrative Adjudicators

*This is the introduction to a symposium on the decisional independence of administrative adjudicators. For other posts in the series, click here. In the 75 years since Congress enacted the Administrative Procedure Act (APA), administrative adjudication has slid slowly but inexorably into crisis. Myriad forces have combined to undo the statute’s most crucial component: its […]

Notice & Comment

Sources and Subdelegation, by John Kerkhoff

In their important paper on nondelegation, Professors Julian Davis Mortenson and Nicholas Bagley take to task those who use thinly sourced arguments to support the nondelegation doctrine. They put it bluntly: “It should go without saying that sweeping assertions about widely shared (let alone undisputed) understandings should not rest on such scanty source material.” (p. […]

Notice & Comment

The Public Benefits of Press Specialness, by RonNell Andersen Jones

*This is the ninth post in a symposium on Margaret Kwoka’s new book, Saving the Freedom of Information Act. For other posts in the series, click here. In Saving the Freedom of Information Act, Margaret Kwoka offers a deep empirical diagnosis of FOIA’s operational dysfunction. Her data make unmistakably clear that FOIA is falling far short of […]

Notice & Comment

A Response to Adam White, by Todd Phillips

In his recent Notice and Comment post, Professor Adam White noted that “[f]inancial regulators are reshaping themselves into tools of climate policy.” Throughout the piece, he asserted that that “the Fed’s latest step [is] toward becoming a major climate policymaker,” and that the central bank’s agency is “expanding…to encompass climate policy.” This is not true. […]

Notice & Comment

The Fed’s Appointment with (Politicized) Destiny

Financial regulators are reshaping themselves into tools of climate policy, and this transformation presents myriad problems—some legal, some practical. And the controversy surrounding recent nomination to the Federal Reserve remind us of yet another problem—one that seems to be catching some observers by surprise, but which is all too familiar to those of us who […]

Notice & Comment

‘Studying Up’ the FOIA State, by Austin C. Kocher

*This is the eighth post in a symposium on Margaret Kwoka’s new book, Saving the Freedom of Information Act. For other posts in the series, click here. Margaret Kwoka’s new book Saving the Freedom of Information Act substantially elevates the conversation surrounding the Freedom of Information Act and the administrative state by examining, in admirable detail, the […]

Notice & Comment

In Remembrance of Richard Parker, by Linda Jellum

Editors’ Note: This post was originally published on October 11, 2021, but is reposted here as part of our series remembering Richard Parker. I am so deeply saddened to report that Professor Richard Parker from the University of Connecticut Law School passed away unexpectedly on Sunday, October 3, 2021. Like many, I first met Richard Parker at the […]

Notice & Comment

Access to Public Records in Immigration Law: Reviewing Margaret B. Kwoka’s Saving the Freedom of Information Act, by Ingrid Eagly

*This is the seventh post in a symposium on Margaret Kwoka’s new book, Saving the Freedom of Information Act. For other posts in the series, click here. In Lee’s Summit, located just outside Kansas City, Missouri, the federal government holds millions of immigration records in an old limestone mine known as “the Cave.” Margaret Kwoka visited the […]

Notice & Comment

Can FOIA Be Saved?, by Mark Fenster

*This is the sixth post in a symposium on Margaret Kwoka’s new book, Saving the Freedom of Information Act. For other posts in the series, click here. At the risk of reducing academic sub-fields to stereotypes, scholarship on open government laws in the legal academy appears to fall into two broad categories: administrative law scholars who associate […]

Notice & Comment

ABA Administrative Law Section Resolution in Memory of Richard Watson Parker, by Andrew Emery

On November 20, 2021, the governing council of the American Bar Association’s Section of Administrative Law and Regulatory Practice approved the following resolution: WHEREAS our friend and colleague Richard Watson Parker, Professor of Law at the University of Connecticut School of Law, passed away on October 3, 2021; WHEREAS Richard was a dear colleague and […]