Notice & Comment

AdLaw Bridge Series

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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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The Mortenson-Bagley-Wurman Debate on Nondelegation and Originalism

It’s no surprise that in today’s post Administrative Law SSRN Reading List, February 2020 Edition, Julian Mortenson and Nick Bagley’s forthcoming Columbia Law Review article Delegation at the Founding topped the charts, with more than 1,300 downloads. This is an important article that has the potential to reshape the debate on the nondelgation doctrine. One […]

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The Federalist Society’s Online Resources for Teaching and Learning Administrative Law

Especially during this time of social distancing and online teaching and learning, I thought I’d flag a few resources for learning administrative law online. In this post, I highlight the terrific resources the Federalist Society has produced in recent years. In the coming days and weeks, I will publish additional posts on other online resources, […]

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What Does Federalism Have To Do with the Future of Qualified Immunity?

In a new article forthcoming in the Georgetown Law Journal, Aaron Nielson and I explore the answer(s) to this question. Here’s the abstract: Qualified immunity is increasingly controversial. But the debate about it is also surprisingly incomplete. Both qualified immunity’s critics and defenders have for too long overlooked the doctrine’s federalism dimensions. Yet federalism is […]

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Hastings Law Journal Symposium: Revolution or Evolution: Administrative Law in the Age of Trump, 2/21

This Friday, February 21st, the Hastings Law Journal will be hosting an administrative law symposium, and a number of our regular bloggers will be participating. You can register for the conference here. Here are the details from the Journal: Join Hastings Law Journal for our annual symposium at UC Hastings College of the Law. This year, we […]