A few weeks ago I posted a registration link for the Duke Law Journal’s administrative law symposium on The Future of Chevron Deference. The symposium will be held via Zoom on February 5, 2021. The event is free and I’m confident that it will be worth your time. In connection with that event, I’m pleased […]
“I’m from the Government, and I’m here to help.” * Why did that iconic quote from President Reagan come to my mind this week? Because of Ghostbusters. Let me explain. The number of things to do is limited in this age of Covid-19. It’s hot outside; sports have been on hiatus; travel has slowed to […]
Congratulations! The president nominated you, the Senate gave you a hearing—not a foregone conclusion these days—and you’re now confirmed to your post in the Biden administration. Whether you are to serve in the president’s cabinet, head up an agency within a larger department, or lead a division within an agency, you do have a significant […]
The pandemic hit the United States two years into a trade war, in which President Trump promised to “tax the hell out of China.” One casualty is that Americans pay more for Personal Protective Equipment (PPE), like face masks, medical gowns, and gloves. PPE helps prevent COVID infections. Meanwhile, the pandemic response suffers from racial disparity, a “crisis within a […]
The Internal Revenues Service (IRS) recently announced that it will delay tax season. Although it usually begins accepting tax returns in late January, this year it will not begin accepting taxes until Friday, February 12. The IRS cited the December 27 tax changes from the new stimulus as the reason. However, left unstated, the Paperwork Reduction Act (PRA) may have […]
In Bostock v. Clayton County,[1] the Supreme Court held that an employer who fires an individual merely for being gay or for being transgender violates Title VII.[2] In an opinion authored by Justice Neil Gorsuch, the Supreme Court explained that the Court’s decision was a matter of textualism: An employer who fires an individual for […]
In order to preserve and share the ABA Administrative Law Section’s programming with a larger audience, the Section has launched an official YouTube channel, which you can access here. Please consider subscribing and sharing this resource with your colleagues, students, and others who may find it of interest. We are in the process of uploading […]
Immigration law has contributed to shaping and reinforcing the construct of race more than any other area of administrative law. Congress and the Executive have shaped immigration law via express and implicit racial restrictions on membership in the United States political community, and with respect to the allocation of rights, such as racial restrictions on naturalization and […]
On January 20, 2021, President Joe Biden signed several executive actions to reverse many of the harshest immigration measures crafted under the Trump administration and to create a humane immigration system. A summary list of these immigration changes appears below. This commentary focuses on policy changes intersecting with a primary area of my research: prosecutorial […]
Racist, regressive leaders around the world have been instrumentalizing racism, discrimination, and “othering” to further their nativist goals. As I have argued elsewhere, regressive governments increase their own power by suppressing the rights of their opposition and subverting the rule of law often by invoking national emergency or national security rhetoric. The starting point to circumventing […]
At its 73rd Plenary Session in December 2020, the ACUS Assembly adopted six new recommendations and one statement. These are all on public inspection today and set to be published in the Federal Register tomorrow. From the notice: Recommendation 2020-1, Rules on Rulemakings. This recommendation encourages agencies to consider issuing rules governing their rulemaking procedures. […]
Next Tuesday, July 28th, from 3-4:30PM, my law school is hosting a terrific Supreme Court Review webinar via Zoom (with CLE approval pending for Ohio Bar Members). This event is free and open to the public, with registration link here. Here are the details: Discussions from Drinko Hall is proud to present our next series: […]
I’ve got a new article out at The Atlantic digging into that surprisingly thorny question. At stake here is whether the Biden team can move quickly enough to forestall the Supreme Court from deciding two pending cases involving work requirements in Arkansas and New Hampshire. It’ll be tricky, in part because of some last-minute shenanigans to […]
Federal administrative agencies have existed since this nation’s founding – the First Congress created the Patent Office, the Departments of War, Foreign Affairs, and Treasury, and more. But in the century that followed, Congress rarely tasked any of those agencies with adjudicating the status of individuals so as to hand out benefits and burdens.[1] The Fugitive […]
The proliferation of artificial intelligence has raised urgent questions about how the government should regulate and utilize this transformative technology. Two recent White House documents speak directly to these questions. The first is a November 2020 memorandum from the Office of Management and Budget (OMB), which provides formal guidance to federal agencies about “regulatory and […]