*This is the fifth post in a series on Andrew Rudalevige’s new book, By Executive Order: Bureaucratic Management and the Limits of Presidential Power. For other posts in the series, click here. It was clear early in the development of the unilateral powers literature that focusing on executive order issuance posed a selection bias problem. By definition, […]
*This is the fourth post in a series on Andrew Rudalevige’s new book, By Executive Order: Bureaucratic Management and the Limits of Presidential Power. For other posts in the series, click here. Now-Justice Elena Kagan’s influential article Presidential Administration celebrates its twentieth anniversary this year. Drawing on her experience working in the Clinton White House, Kagan explored […]
*This is the third post in a series on Andrew Rudalevige’s new book, By Executive Order: Bureaucratic Management and the Limits of Presidential Power. For other posts in the series, click here. Perhaps because they bear the president’s signature and don’t require ratification, executive orders are considered to be entirely within the president’s control. But early in […]
*This is the second post in a series on Andrew Rudalevige’s new book, By Executive Order: Bureaucratic Management and the Limits of Presidential Power. For other posts in the series, click here. Andrew Rudalevige’s By Executive Order: Bureaucratic Management and the Limits of Presidential Power is an important contribution to our understanding of modern policymaking. In particular, […]
*This is the first post in a series on Andrew Rudalevige’s new book, By Executive Order: Bureaucratic Management and the Limits of Presidential Power. For other posts in the series, click here. Andrew Rudalevige’s new book, By Executive Order: Bureaucratic Management and the Limits of Presidential Power, significantly advances our conceptual, theoretical, and empirical understanding of presidential […]
Welcome to our second symposium of the month!* We close out October with a series of essays reacting to Prof. Andrew Rudalevige‘s By Executive Order: Bureaucratic Management and the Limits of Presidential Power (Princeton University Press 2021). If we know anything about executive orders, it’s that they’re actions that the president takes alone. But who […]
Judge Douglas Ginsburg is a formidable jurist. When he speaks, we’d all do well to listen. A few weeks ago, I heard Judge Ginsburg give a presentation to lawyers. He was asked what lawyers can do to improve their advocacy. His response surprised me. Mentioning Edward Tufte’s The Visual Display of Quantitative Information by name, […]
It’s my pleasure to share that the U.S. Office of Management and Budget has created a Law Fellowship Program, under which law professors and attorneys employed by institutions of higher education; attorneys employed by State, local, or tribal governments; or attorneys employed by other qualifying institutions under 5 C.F.R. § 334.102 can rotate into OMB […]
We don’t often think of administrative law as a warden, but we should. Administrative law plays a crucial role in the detention of immigrants and in prison policy generally. The Administrative Law Review is hosting a virtual symposium on October 29, 2021 that will explore important questions about the role of administrative law in detention […]
ACUS has recently begun committee meetings on a slate of new recommendation projects targeted for completion at the 76th Plenary Session, scheduled for December 16, 2021. Descriptions and basic information about the projects (pulled from ACUS) appear below. Further information, including draft documents, are (or will become) available via the included links. Public Access to […]
*This is the sixteenth post in a series on Michael Livermore and Richard Revesz’s new book, Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health. For other posts in the series, click here. In their incisive book Reviving Rationality, Michael Livermore and Richard Revesz document the bipartisan consensus across Presidents of both […]
Welcome back to another edition of Fifth Circuit Review—Reviewed! I have several noteworthy cases to report on, including the Fifth Circuit’s first full-blown application of the five-part test from Kisor v. Wilkie, 139 S. Ct. 2400 (2019). Let’s dig in. Auer Deference Alive and Well in Fifth Circuit Post-Kisor Johnson v. BOKF National Association, No. […]
*This is the fifteenth post in a series on Michael Livermore and Richard Revesz’s new book, Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health. For other posts in the series, click here. About a decade ago, as a result of some unexpectedly icy roads between Illinois and Tennessee, my spouse and […]
I’m thrilled to close out the first cycle of posts for the refreshed D.C. Circuit Review – Reviewed. I consider myself the clear novice of the group, and look forward to reading and learning more throughout the term. Fortunately, the court is easing me into my role, issuing only one decision this week. Breiterman v. […]
This is the fourteenth post in a series on Michael Livermore and Richard Revesz’s new book, Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health. For other posts in the series, click here. In their terrific new book, Reviving Rationality, Mike Livermore and Ricky Revesz describe the emergence of a bipartisan consensus […]