The most important news this week in the world of law is that someone is leaking information about internal Supreme Court deliberations: This is a bad development. Leaks can destroy collegiality — collegiality that takes a great deal effort to build and which facilitates intellectual engagement. Leaks also can lead to self-censorship; if the justices […]
Part 3: Evidence from the Drafting of the Impeachment Clauses This is the third part of a four-part series on the 1876 impeachment trial of former Secretary of War William Belknap. In each part, I will examine a different category of argument made at that trial on the question whether the Senate has constitutional jurisdiction […]
I’m just barely getting my monthly post up before the end of the month, but I expect to get July’s post up earlier. There are some fantastic papers in this month’s list. Here is the June 2020 Edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law […]
Here is the January 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. Our Anti-Korematsu by Cass R. Sunstein A Critical Assessment of the Originalist Case Against Administrative Regulatory Power: New Evidence from the Federal Tax on Private […]
The Administrative Conference of the United States and the Georgetown Law Institute for Technology Law and Policy are pleased to announce the fourth and final panel in their virtual symposium on artificial intelligence in federal agencies. This session will take place on Thursday, August 13 from 1:00 pm – 2:15 pm ET. Stephen Sanford, Director […]
Part 2: The History of the Word “Impeachment” This is the second part of a four-part series on the 1876 impeachment trial of former Secretary of War William Belknap. In each part, I will examine a different category of argument made at that trial on the question whether the Senate has constitutional jurisdiction to try and […]
As Aaron Nielson has previously noted on the blog, the 2021 edition of the Duke Law Journal‘s annual administrative law symposium will focus on the future of Chevron deference, with the lead article by Kristin Hickman and Aaron Nielson entitled Narrowing Chevron‘s Domain. Hickman and Nielson argue that the Supreme Court should consider eliminating Chevron […]
The Trump Administration built an invisible border wall that lowered the amount of legal immigration to the United States in the absence of statutory change. Following White House direction, United States Citizenship and Immigration Services (USCIS), the main immigration benefits granting agency, created self-described “workarounds” to the Immigration and Nationality Act. Internal administrative law failed […]
I’ll start this post with a bold claim: The core models of analysis in administrative law are inflexible and entrenched, and the scope, quality, and materiality of administrative law scholarship has stagnated as a result. Why (you might ask)? Because outdated beliefs about what constitutes objective legal analysis and intellectual rigor continue to mold research […]
Much more will be written, no doubt, on the Biden administration’s approach to centralized review of regulatory actions though the Office of Information and Regulatory Affairs (OIRA), including President Biden’s Modernizing Regulatory Review Executive Order. But Jim Tozzi has some fascinating initial takes, especially his #14 bottom line. I’ve cross-posted below his full post from […]
Tease: to tantalize especially by arousing desire or curiosity often without intending to satisfy it Merriam-Webster Dictionary (3rd definition) The Constitution forbids Congress from delegating legislative authority to the Executive Branch, but the Court has not struck down a statute on non-delegation grounds since 1935 in Panama Refining Co. v. Ryan, and A.L.A. Schechter Poultry […]
Part 1: Constitutional Text Since the House of Representatives impeached President Trump for the second time on January 13th, a widespread debate has ensued over the constitutionality of the Senate trying a former president. In recent weeks, many legal scholars have offered arguments both for and against the Senate’s jurisdiction to try former President Trump. In a preliminary vote, the Senate tabled […]
Some doctrinal courses like property or contracts that involve a “racially-charged history” and “doctrine [that] is inextricably linked to race” lend themselves more readily to the inclusion of issues of race and class. Even so, the inclusion of socioeconomic issues in traditional doctrinal courses, though growing more common, remains relatively rare, driven by notions of neutrality and “perspectivelessness” that mask […]
After thousands of angry Trump supporters invaded the US Capitol, assaulting law enforcement and stealing equipment, questions arose about how these individuals could have made it into the Capitol building. After all, when BLM protests had taken place on the Mall, hundreds of riot police had been prospectively deployed, along with the constitutionally questionable deployment of law […]
Welcome to another installment of Fifth Circuit Review – Reviewed. Earlier this month, the Fifth Circuit shocked the world. My former (and totally amazing) boss, Evan A. Young, summed up the historic moment: In need of guidance, #AppellateTwitter looked to their fearless leader, Raffi “@RMFifthCircuit” Melkonian, who soon delivered the official confirmation: Not everyone was […]