This month’s SSRN reading list likely constitutes the calm before the storm of new administrative law scholarship, as the spring law review season opens up and scholars begin posting new articles to SSRN. But January was still a solid month for new scholarship. Here is the January 2018 edition of the most-downloaded recent papers (those […]
Have you ever read the unabridged Les Misérables?* One of my favorite activities — unfortunately, not one I do all that often — is reading 19th-century fiction. For a long time, my favorite author was Thackeray. Recently, however, I’ve started re-reading the greatest hits of Victor Hugo. And sure enough, Les Misérables is an amazing […]
Happy new year! 2017 was a great year for administrative law scholarship. Here is the final (December) 2017 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. A Bureaucracy – If You Can Keep It by Mila Sohoni (131 Harvard Law […]
This year has been an eventful one for administrative law, to put it mildly. We have had a change in presidential administration, with an accompanying focus on deregulation across the federal bureaucracy and mission re-orientation at a number of federal agencies. One agency (the CFPB) currently has dueling acting directors—one appointed by the outgoing agency head and the other […]
As part of a discussion in preparation of a panel at the upcoming 2017 ABA Administrative Law Conference on “The State of Regulatory Reform in Congress,” it occurred to me that around these parts (Congress) “reg reform” is a widely used shorthand with no universally accepted meaning. Going back to last Congress, when Sen. Johnson […]
Below are the details from the ABA AdLaw Section. For what it’s worth, my ABA Adjudication Co-Chair (and the ACUS Vice Chair) Matt Wiener and I have helped organize two great panels on agency adjudication — one on recent developments related to the constitutionality of administrative law judges and the other on agency adjudication outside […]
Last week, the president signed the Countering America’s Adversaries Through Sanctions Act. Among other things, the act codifies sanctions against Russia into statutory law and provides that the president must navigate a congressional review process before waiving or terminating those sanctions. In an accompanying signing statement, the president attacked the congressional review provision as unconstitutional, […]
This looks like a terrific event, with some of my favorite adlaw scholars speaking. From the D.C. Bar website: Administrative Law: Year in Review Date & Time: Wednesday, June 7, 2017 from 12:00 pm to 1:30 pm CLE Credit: No Event Description From key court decisions, to Congress’s unprecedented use of the Congressional Review Act, […]
Here’s a preview: Join us for the 13th Annual Administrative Law & Regulatory Practice Institute Thursday May 18th – Friday May 19th, 2017 Capital Hilton 1001 16th St. NW Washington, D.C. 20036 Topics at a Glance: The Rulemaking Process Judicial Review of Rules The Congressional Review Act’s Sudden Reemergence From the “Pen and Phone” to […]
On March 2, 2017, the Center for the Study of the Administrative State is hosting a public policy conference on the Hill entitled The Time for Regulatory Reform in Congress. The Center’s director Neomi Rao and I have organized this event, and it should be a lot of fun. It’s free, with food, so register here. […]
Despite recent Republican warnings that the Senate will work 24/7 to overcome Democratic delay tactics, Republicans are unlikely to execute that strategy. Floor time is the most valuable resource that Senate Republicans have and they have a number of pressing issues. Senate Republicans only have limited time to use the Congressional Review Act and its […]
It’s a new year for administrative law scholarship, one full of promise with so many fascinating adlaw issues arising with a change in presidential administration. We have new executive orders and other executive actions, chatter about the removal of the CFPB director, agencies with new leadership with new agendas, unified government with perhaps unusual alliances for […]
The press and regulated entities have been asking many questions about the status of regulations issued under the Obama Administration, and whether and how they might be revised or repealed when the Trump Administration takes office. These questions arise in four major areas — Executive Orders, Midnight Rules, application of the Congressional Review Act, and […]
There are no D.C. Circuit opinions this week, but even so, we live in interesting times — especially in the world of administrative law. Right now, President-elect Trump is putting together his slate of cabinet nominees, Congress is paying close attention to the Congressional Review Act, and Chief Judge Garland is preparing to return to […]
At the request of Senator Hatch and other lawmakers, the Government Accountability Office recently released a report on various IRS guidance procedures. The report’s title (“Treasury and OMB Need to Reevaluate Long-standing Exemptions of Tax Regulations and Guidance”) gives away its conclusion — the Treasury and OMB have not carefully considered why the government creates […]