Judge Laurence Silberman of the D.C. Circuit has passed away. As I’ve reflected on the life of this remarkable judge, the word that has kept coming into my mind is “intimidating.” That isn’t the sort of word that often makes into a remembrance but I can’t think of a better one. I’ve met lots of […]
In August, the Biden Administration announced its plan for student loan forgiveness outside of the recently expanded Public Service Loan Forgiveness program. In the debate over the this new program’s lawfulness, a common argument is that the program’s critics have been too hasty. They should wait, it is argued, for the Department of Education’s final […]
My colleagues Dan Deacon and Leah Litman have a new paper coming out in the Virginia Law Review, entitled The New Major Questions Doctrine, which explores and criticizes the Supreme Court’s decisions from last Term that created a clear-statement rule for statutory delegations to federal agencies to regulate issues of great political, policy, or economic […]
Often criminal law doctrines are viewed as separate and distinct from the regulatory state or general structural constitutional principles. But this Term the Court has before it several significant petitions that raise questions related to structural constitutional protections in the context of criminal law. Professor Steve Vladeck of Texas Law School and I discuss two […]
Education Committee of the ABA Section of Administrative Law and Regulatory Practice Presents Reviewing the Department of Education’s Proposed Title IX Regulations Tuesday October 4, 2022 12 pm – 1:00 pm Eastern Time Via Zoom In June, the Department of Education proposed new Title IX regulations that will change how educational institutions nationwide respond to […]
On Thursday, the U.S. Senate Committee on Homeland Security and Governmental Affairs (HSGAC) will hold its confirmation hearing on the nomination of NYU Law Professor Ricky Revesz to head the Office of Information and Regulatory Affairs — a position which is been dubbed the President’s “regulatory czar.” Over at E&E News today, Jean Chemnick has a nice […]
The Senate last week confirmed Judge Florence Pan to the D.C. Circuit. But the D.C. Circuit does not yet list her on its roster of judges: Presumably she is awaiting her commission.* But soon she will join the Court. And this is a good time to do so. The Court has just started hearing oral […]
The move from Ohio State to U Michigan this summer put the SSRN reading list series on hold. Now that things have settled down, the monthly post is back. And this month’s reading list coincidentally has a University of Michigan Law School theme to it, with papers by my colleagues Leah Litman, Dan Deacon, Julian […]
This post adds to the debate about the meaning of “set aside” in 5 U.S.C. § 706(2). That provision of the Administrative Procedure Act instructs courts reviewing agencies to “hold unlawful and set aside agency action, findings, and conclusions” that meet the descriptions that follow, such as those that are “contrary to constitutional right, power, […]
We are now solidly within the slow period for the D.C. Circuit, as the few outstanding opinions from last term trickle out. Only two opinions this week, and only one is admin-related. In the first, Lin v. District of Columbia, a divided panel reversed in part a grant of summary judgment to the District of […]
The Association of American Law Schools (AALS) Section on Administrative Law is pleased to announce the “New Voices in Administrative Law” program for the 2023 AALS Annual Meeting, which will be held in person in San Diego. The New Voices program gives junior administrative law scholars an opportunity to receive useful feedback on their work […]
As I noted a few months ago, BYU Law is hosting a series of free webinars on antitrust and tech-related regulatory issues. Our next webinar will be on Tuesday, September 27 at 10 am EST, and will address the rulemaking authority of the Federal Trade Commission. Registration is not required so please join us. Here […]
Texas’s SB 8 law has a unique structure of private enforcement. When it was passed, it was designed to circumvent the then-existing-constitutional protections for abortion healthcare. SB 8 specifically barred public enforcement and instead allowed private actors to stop abortions or collect a bounty for abortions already performed. The bounty regime allows “any person, other […]
It’s not every day that every judge on the D.C. Circuit gets sued. And so, if nothing else, Klayman v. Rao was unusual. In that case, the plaintiff sued not only two D.C. District Court judges but also “all” – all! – “members of the United States Court of Appeals for the District of Columbia […]
As we transition from the late summer flurry of opinions to the relative lull of September, this week’s opinions have slowed to a trickle, with very little of note in the “core” admin law space. The decision that will likely have the most impact on other cases involves the False Claims Act: United States v. […]