Notice & Comment

Results for: nationwide injunction

Notice & Comment

Ninth Circuit Review-Reviewed: CA9 Grasps for Reins of the Statutory President, by William Yeatman

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to business. CA9 Chooses Wrong Controversy to Grow Judicial Review of President’s Statutory Powers  Courts must set aside agency action that is unreasonable. But when reviewing the president’s statutory powers, courts don’t check […]

Notice & Comment

The Federalist Society’s Eighth Annual Executive Branch Review Conference: Now a Virtual Week of Programming, April 27th-May 1st

From the Federalist Society website: The Eighth Annual Executive Branch Review Conference is being transformed into a virtual Executive Branch Review Week of events. Executive Branch Review Webinar PanelsTuesday, April 28 9:00 a.m. – 10:00 a.m. EDTRestoring the Executive Power: Revisiting Humphrey’s Executor, Reviving the Unitary Executive 10:30 a.m. – 11:30 a.m. EDTRestoring Judicial Power: Righting […]

Notice & Comment

Ninth Circuit Review-Reviewed: Disarray at the Feeder Circuit for the Supreme Court’s “Shadow Docket”, by William Yeatman

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to business. The Ninth Circuit’s Shadow Silly Docket Of late, there’s been a lot of talk about the Supreme Court’s sinister sounding “shadow docket”—that is, orders and decisions issued by […]

Notice & Comment

Ninth Circuit Review—Reviewed:  Panels Weaponize “Standards of Review” To Launch Preemptive Strikes against Chevron, by William Yeatman

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to last month’s cases. Chevron Step Negative Infinity Most judicial opinions follow a template. They start with an introduction, then move on to a section that lays out the “standard […]

Notice & Comment

Ninth Circuit Review-Reviewed: Kisor’s Coming Out Party, by William Yeatman

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to last month’s cases. Unanimous Panel Puts Ninth Circuit’s Stamp on Kisor v Wilkie Administrative law doctrines develop in lower courts within the boundaries set from above by the Supreme […]

Notice & Comment

Save the Date: 2019 ABA Administrative Law Conference, Nov. 14-15, 2019

2019 Administrative Law Conference November 14-15 | Washington Convention Center | Washington, DC We are excited to announce that the 2019 Administrative Law Conference is now open for registration! This year’s conference features 20 panels providing in-depth analysis of current administrative law and practice, with insights gleaned from faculty who are leaders in government, academia […]

Notice & Comment

The Procedure Fetish

That’s the title of a new article of mine, slated for publication in the Michigan Law Review. It’s more polemical than most of my work, and it aims to disrupt some of the tidy stories that organize modern administrative law. Although I hope it finds an audience across the political spectrum, its primary target is […]

Notice & Comment

Jotwell Administrative Law Section Year-End Review

As I first noted on the blog four years ago, the Administrative Law Section of Jotwell—The Journal of Things We Like (Lots)—is a terrific resource for administrative law practitioners and scholars. Jotwell’s Administrative Law Section publishes monthly a short review of a current piece of administrative law scholarship, usually authored by one of our terrific contributing editors who are all […]

Notice & Comment

Re-Imagining OIRA: A Call for Papers on the Future of Regulatory Budgets, Cost-Benefit Analysis, and White House Regulatory Oversight

A CALL FOR PAPERS As the White House’s Office of Information and Regulatory Affairs nears its fortieth birthday, we tend to spend a lot of time thinking about its history. But in a constitutional government that is nearly 230 years old, OIRA is actually very, very young—less a monument than an experiment. Instead of thinking […]

Notice & Comment

Save the Date — 2018 ABA Administrative Law Conference 11/1-11/2 in DC

Here are the details: 2018 Administrative Law Conference November 1-2, 2018 | Washington Convention Center, Washington, DC The final agenda for the 2018 Administrative Law Conference is coming soon. Take advantage of our Section Member and Group Discount rates listed below! Topics include the following: Developments in Administrative Law (Parts I & II) Lucia’s Aftermath: […]

Notice & Comment

Taking a Dive on Risk Adjustment

On Friday evening, the Wall Street Journal reported that the Trump administration would be suspending risk adjustment payments due for 2017 and 2018. The next day, CMS scurried to clarify that the suspension was a necessary response to an adverse court judgment out of New Mexico. “As a result of this litigation,” Administrator Seema Verma […]