Notice & Comment

Results for: "congressional review act"

Notice & Comment

Volume IV of The Major Questions Doctrine Reading List, by Beau J. Baumann

This is Volume IV of the major questions doctrine (“MQD”) reading list. This version reckons with the sheer volume of the literature through restructuring and a slight change in format. Whereas previous iterations of the MQD listed everything under each topic, this version provides a narrower list of relevant items. The bottom of the page—the […]

Notice & Comment

The Major Questions Doctrine Reading List, by Beau J. Baumann

[Originally Published: November 7, 2022; Last Updated: March 18, 2023] Below, I have prepared Volume III of the major questions doctrine (“MQD”) reading list. The literature has continued to grow and develop at an almost exponential rate. We’re starting to flesh out the Pro-MQD literature, and some anti-MQD folks are reckoning with whether we ought […]

Notice & Comment

The Major Questions Doctrine and Legislative Experimentation, by Fred B. Jacob

The oral arguments this week in Biden v. Nebraska and Department of Education v. Brown on student debt cancellation gave the Supreme Court another opportunity to expand upon the major questions doctrine, which the Court formally gave life last term in West Virginia v. EPA, 142 S. Ct. 2587 (2022). Daniel Deacon and Leah Litman have criticized the “new” major questions doctrine’s reliance on political […]

Notice & Comment

The Puzzle of Broad Optimality and New Directions for the Administrative State, by Vartan Shadarevian

The administrative state is undergoing a slow but radical transformation. Three seismic shifts are occurring in the administrative state’s set of procedures for deciding when and how to regulate. First, Biden regulators have emphasized the need to evaluate individual regulations on a wider range of criteria, including distributive effects, fairness, and quality of life. The […]

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Administrative Law SSRN Reading List, October 2022 Edition

Here is the October 2022 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. For more on why SSRN and this eJournal are such terrific resources for administrative law scholars and practitioners, check out my first post on the subject here. You can […]

Print Edition

Presidential Transitions: The New Rules

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The Trump Administration was unusually aggressive in using an obscure set of tools to undo the Obama Administration’s regulatory legacy: Congressional Review Act disapprovals, requests that courts hold in abeyance pending cases challenging Obama-era regulations, and suspensions of final regulations. These actions could be seen as part of the Trump Administration norm-breaking approach to regulatory […]

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Fair Pay and Safe Workplaces: Reassessing the Costs and Benefits in Government Contracting

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When purchasing infrastructure, goods or services, the U.S. government has “to promote economy, efficiency and effectiveness.” Executive Order No. 13,673, issued by President Obama, expanded the requirement to encompass social sustainability: to promote economy and efficiency in procurement, the government was required to “contract with responsible sources who comply with labor laws.” The Fair Pay […]

Notice & Comment

Forum on Underserved Communities, Fall Committees, and More (ACUS Update)

I’m delighted to join Notice & Comment to highlight new and continuing projects from the Administrative Conference of the United States (ACUS), as well as other news about ACUS initiatives and recommendations. Many thanks to Emily Bremer for her stewardship of the series. With that, dear reader, here is an all-things-ACUS update. Forum on Underserved […]

Notice & Comment

Administrative Law SSRN Reading List, October 2021 Edition

Here is the October 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 Untapped Potential of […]

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Embedded Rules

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Rules are rules and orders are orders, and never the twain shall meet. Generations of scholars and practitioners were taught back in law school that the Administrative Procedure Act (APA) divides the universe of agency action into two exclusive and exhaustive categories: “rulemaking,” which is used for promulgating “rules,” and “adjudication,” which is used for […]

Notice & Comment

Fall 2021 Recommendation Projects Are Underway! (ACUS Update)

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 […]

Notice & Comment

The Temptation of “Good-Faith Faithless Execution”

In an era when Congress seems nearly incapable of producing significant legislation, because the Senate’s filibuster effectively requires significant bipartisan support, it is only natural to feel the temptation to simply short-cut the entire institutional ordeal.  And it feels all the more urgent on an issue like immigration, where the stakes are especially high and […]