*This is the third 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. Much of Michael Livermore and Richard Revesz’s Reviving Rationality is devoted to critiquing the Trump administration for its ill-grounded […]
*This is the second 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. “We must not be deluded into thinking that the characteristic work of Adam Smith is over because the laws […]
*This is the first 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. I. This recent book by Livermore and Revesz (LR) follows their 2011 book, Retaking Rationality: How Cost-Benefit Analysis Can […]
Over the next two weeks, we have the privilege of hosting a symposium here at Notice and Comment on Michael Livermore and Richard Revesz‘s new book Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health (Oxford University Press, 2021). Reviving Rationality is the sequel to Livermore and Revesz’s seminal 2008 […]
Here is the September 2021 Edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law eJournal, which is edited by Bill Funk. Non-Textualism and the Duck Season-Rabbit Season Dramaturgical Dyad: A Very Short Response to Professor Cass Sunstein (And Others) by Lament Hilts The Class Appeal by […]
On September 30, the Federal Communications Commission (FCC) issued a Notice of Inquiry (NOI) in a new proceeding styled, “Spectrum Requirements for the Internet of Things.” The Notice seeks public comment regarding current and future spectrum needs “to enable better connectivity relating to the Internet of Things (IoT).” More specifically, it invites comments that evaluate: […]
From the Society for Benefit-Cost Analysis (SBCA): Benefit-cost analysis is used around the world to assess regulatory impacts. This workshop introduces the use of Benefit-Cost Analysis for Regulatory Impact Analyses (RIAs) in the Federal government. The topics will include issues of identifying the market failure, establishing the correct baseline, choosing the policy options, estimating benefits, […]
This is the second part of a two-part blogpost previewing United States v. Zubaydah, one of two cases this Supreme Court term in which the Court will take up the rarely-discussed state secrets privilege. Part I of this series laid out the state secrets privilege (largely focusing on United States v. Reynolds, 345 U.S. 1 […]
The state secrets privilege allows the government to prevent the disclosure of military and diplomatic secrets in litigation. There is little Supreme Court precedent regarding the privilege — the seminal case being United States v. Reynolds, 345 U.S. 1 (1953). However, the Court has granted certiorari in two state secrets cases — U.S. v. Zubaydah, […]
In my first post for Notice and Comment, let me begin by saying how grateful I am for the opportunity to join the D.C. Circuit Review – Reviewed team. I look forward to seeing what my fellow contributors have to say each week as we try to keep you up to date on the D.C. […]
In a memorandum dated September 30, 2021, Alejandro Mayorkas, Secretary of the Department of Homeland Security, issued long-awaited guidance on prosecutorial discretion and civil enforcement priorities. Titled “Guidelines for the Enforcement of Civil Immigration Law,” the seven-page document is Department wide and provides guidance for the apprehension and removal of noncitizens. This post includes some […]
In one of the more memorable passages of Plato’s Republic, the Athenian philosopher introduces the parable of the Ring of Gyges, a talisman conferred upon a Lydian king that rendered him invisible and allowed him to engage in a string of depredations with no personal repercussions. Over the millennia, this ancient insight has demonstrated its […]
At my investiture, I confessed that I had long been in awe of the judges on the D.C. Circuit who were now my colleagues. Caveat lector: Nothing changed during the fifteen years that I served alongside them. Which means that my contributions to the D.C. Circuit Review – Reviewed, a blog I read religiously while […]
This year seems a good time to take stock of “presidential administration,” both in theory and in practice. It is, after all, a year of presidential transition, illustrating the ever-growing changes in law and policy that follow every succession of one presidency after the last. It’s also the twentieth anniversary of Elena Kagan’s landmark article. […]
Last year, I was asked by the Supreme Court in Collins v. Yellen to argue in defense of the constitutionality of the Federal Housing Finance Agency’s structure. Collins addressed a statute that purports to only allow the president to remove the FHFA’s director “for cause.” A few months ago, the Court concluded that this provision […]