My April SSRN post is barely making it online before the end of May, as the last couple months have been both a blur and a trudge. (Among other things, I’ve discovered I am a very poor elementary school teacher as we’ve struggled with distance-learning/teaching our kids at home.) But there is a lot of […]

My colleague Mohamed Helal, who is currently serving as a legal counsel with the Egyptian Ministry of Foreign Affairs, has written a three-part, first-hand account over at Opinio Juris about the history and current negotiations on the Grand Ethiopian Renaissance Dam. It’s a fascinating read. Here’s the summary, from the first post: For almost a […]

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 […]

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 […]

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 […]

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 […]

In the Spring 2020 issue of Regulation magazine, Jonathan Adler and I have a short essay entitled Nondelegation for the Delegators. This essay previews our longer law-review article Delegation and Time, which is forthcoming in the Iowa Law Review and was the subject of a terrific series over at The Regulatory Review earlier this month. […]

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 […]

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 […]

Here is the February 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. Lots of great scholarship for us to read during these social-distancing days! Delegation at the Founding by Julian Davis Mortenson & Nicholas Bagley (Columbia 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, […]

Over the last two weeks, the Regulatory Review has hosted a series on Jonathan Adler and my forthcoming Iowa Law Review article Delegation and Time. The series homepage is here, and here are the summaries and links to each contribution: Reviving Congress’s Ambition March 02, 2020 | Jonathan H. Adler, Case Western Reserve University School of […]

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 […]

Last month I participated in a terrific symposium organized by the Hastings Law Journal on administrative law in the Trump Administration. I just posted to SSRN a draft of my written contribution to the symposium issue, entitled Operationalizing Internal Administrative Law, which is based on my remarks at the symposium and coauthored with Rebecca Turnbull. […]

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 […]