Last October, the field of administrative law and the ABA Section of Administrative Law and Regulatory Practice lost a dear friend and leader when University of Connecticut Law Professor Richard Parker passed away unexpectedly. Over the next couple weeks here on the Notice and Comment blog, we will publish a number of short posts remembering […]
*This is the fifth 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, again, hit it out of the park. With bases loaded. Kwoka outdid herself in “Saving the Freedom of Information Act” by going deeper into this subject than anyone […]
As Judge Griffith noted last week on this blog, everyone being discussed in the news as a possible replacement for Justice Breyer has some connection to the D.C. Circuit, and no one more so than Judge Ketanji Brown Jackson. So the big news this week was her first opinion for the D.C. Circuit, issued on […]
*This is the fourth 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, is a game-changing piece of scholarship. The core of the book is an empirical study of who is using the […]
*This is the third 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 has written a masterful book, Saving the Freedom of Information Act, which weaves together her pathbreaking empirical work with theory, doctrine, and practical policy proposals.* It is a […]
*This is the second 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, is an impressive and important achievement. The book is grounded in the premise that the Freedom of Information Act (FOIA) […]
*This is the first 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 Saving the Freedom of Information Act is one of the best empirical studies ever written on administrative law. Start with the findings, which are sweeping in their government-wide scope […]
*This is the introduction to a symposium on Margaret Kwoka’s new book, Saving the Freedom of Information Act. For other posts in the series, click here. I am very pleased to kick off this two-week Notice and Comment symposium on Margaret Kwoka’s new book Saving the Freedom of Information Act. We have an excellent set of […]
The big news this week was Justice Breyer’s announcement that he will step down from the Supreme Court at the end of this Term upon the appointment of a successor. Readers of this blog who are inclined to think that most really important legal news must have some connection to the D.C. Circuit (and just […]
Can Congress delegate its legislative power? The question has stimulated much recent scholarship, including Professor Nicholas Parrillo’s detailed study of the 1798 federal tax act. According to his article, the statute delegated binding rulemaking power. My recent SSRN draft Nondelegation Blues questions Parrillo’s conclusion. But now in this blog, he suggests that my article misreads […]
Last fall, Aaron Nielson and I posted to SSRN an early working draft of our new paper Congress’s Anti-Removal Power. Shortly thereafter I began to field calls from congressional staff regarding how Congress could better leverage its anti-removal power in a variety of contexts. Based on those conversations, I expect Congress to experiment even more […]
Much already has been written regarding the Supreme Court’s stay of OSHA’s vaccine and testing emergency mandate in National Federation of Independent Business v. OSHA, and, most certainly, however much that is, it’s only the tip of the fast-forming iceberg. To be sure, many administrative and constitutional law scholars already have law review articles in […]
Last week, the D.C. Circuit resolved four sets of petitions for review and one appeal. Each set of petitions for review models a different form of regulatory cooperation between the government and private entities: a statute that incorporates industry standards, private enforcement of an agency license, agency review of rules promulgated by self-regulatory organizations, and […]
The Yale Journal on Regulation is proud to announce that Issue 1 of Volume 39 is has now been published. Issue 1 features the following pieces: Bankruptcy Process for Sale, by Kenneth Ayotte and Jared A. Ellias Public Compensation for Public Enforcement, by Prentiss Cox and Christopher L. Peterson Common Ownership: Do Managers Really Compete […]
The COVID-19 crisis vividly demonstrated that Americans rely on certain for-profit corporations to supply the essentials of everyday life. Even in a crisis situation in which the government had assumed an extraordinary role and extraordinary responsibilities, it was deemed necessary for workers handling “essential” tasks to risk infection by continuing their work at private companies. […]