Notice & Comment

AdLaw Bridge Series

Notice & Comment

Narrowing Deference Through Internal Administrative Law

In our contribution to the 2021 Duke Law Journal administrative law symposium on Chevron deference, Shoba Sivaprasad Wadhia and I make the case against Chevron deference in immigration adjudication, and we argue that the federal regulators should shift the default from adjudication to rulemaking to make major immigration policy at the agency level. Among other things, shifting […]

Notice & Comment

Narrowing Chevron’s Immigration Domain

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 […]

Notice & Comment

Federalist Society Executive Branch Review Panel: Restoring the Legislative Power to Congress

Earlier this week, I participated virtually on a panel on the nondelegation doctrine and Congress’s role in the modern administrative, as part of the Federalist Society’s Eighth Annual Executive Branch Review Conference. Here is the video: And here’s the description of the panel: In Federalist Paper No. 51, James Madison argued that a system of […]

Notice & Comment

More from Various Legal Scholars on the Nationwide Injunction, “Universal Vacatur,” and the APA

Earlier today we featured a fascinating post from John Harrison on the availability of nationwide injunctions under the Administrative Procedure Act. We have featured a number of blog posts on this debate about nationwide injunctions under the APA. To continue that debate, I thought I’d flag that Mila Sohoni submitted a law professor amicus brief […]

Notice & Comment

Administrative Law SSRN Reading List, March 2020 Edition

Here is the March 2020 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. Delegation at the Founding by Julian Davis Mortenson & Nicholas Bagley (Columbia Law Review forthcoming) Presidential Review: The President’s Statutory Authority Over Independent Agencies by […]

Notice & Comment

Video and Draft Papers from Duke Law Journal Charting the New Landscape of Administrative Adjudication

Kent Barnett, Emily Bremer, and I were thrilled to organize the Duke Law Journal‘s fiftieth annual administrative law symposium, entitled Charting the New Landscape of Administrative Adjudication. As I blogged about last month, the live symposium took place on Valentine’s Day, and the draft papers and video from the symposium are now available online. Here is the […]

Notice & Comment

From Barnett and Blackman (and Wolters Kluwer): Free Access to “Introduction to Constitutional Law” 11-Hour Video Library

As part of my effort to identify online resources for teaching and learning administrative law, I thought I’d flag this post from Josh Blackman (and Randy Barnett). Their book Introduction to Constitutional Law is a great introduction and refresher to the main cases, and the accompanying videos are really engaging. The book, which comes with […]