Notice & Comment

AdLaw Bridge Series

Notice & Comment

Is It Time to Revisit Auer Deference? Some Preliminary Empirical Findings

Yesterday the Supreme Court heard argument in Perez v. Mortgage Bankers Association, which presents an important administrative law question of whether notice-and-comment rulemaking is required when an agency significantly alters an interpretive rule that sets forth the agency’s interpretation of its own regulation. Jeff has done two very thoughtful posts about the case here and here, and […]

Notice & Comment

Pasachoff on Agency Defunding of Federal Grantees (AdLaw Bridge Series)

Last month 28 Harvard law professors published an op-ed calling on Harvard University to rethink its university-wide sexual harassment policy. As the law professors explained, Harvard’s new sexual harassment policies and procedures “lack the most basic elements of fairness and due process, are overwhelmingly stacked against the accused, and are in no way required by Title […]

Notice & Comment

Barnett on Dodd-Frank as an Agency Deference Pioneer (AdLaw Bridge Series)

This is the second time in the AdLaw Bridge Series where I’m highlighting excellent scholarship inspired by the  Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank). As I mentioned in my prior post and as Paul Rose and I have explored elsewhere ( here and here), Dodd-Frank has raised the stakes for financial regulation […]

Notice & Comment

Greve & Parrish on Administrative Law Without Congress (AdLaw Bridge Series)

Now that both chambers of Congress are controlled by one party and the presidency by the other, it seems fitting to highlight in the AdLaw Bridge Series this week a terrific paper by Michael Greve and Ashley Parrish entitled “Administrative Law Without Congress: Of Rewrites, Shell Games, and Big Waivers .”  The article will be published in the George […]

Notice & Comment

Fordham Law Review’s Chevron at 30 Symposium (AdLaw Bridge Series)

On Monday the Fordham Law Review  published a symposium entitled Chevron at 30: Looking Back and Looking Forward, which my colleague Peter Shane and I organized to commemorate Chevron‘s thirtieth anniversary. I previously blogged about the Foreword we penned here, and the final version of that Foreword can be found here. To get a full introduction […]

Notice & Comment

New Report from Stanford Law School on the Effect of Legal Representation in the Administrative Process (Immigration Court)

The effect of legal representation is a topic near and dear to those who study and work in the agency adjudication context, whether that be immigration, social security, special education, tax, or veterans benefits — just to name a few. For instance, my colleague Stephanie Hoffer and I explore those issues in the tax context with respect […]

Notice & Comment

Marshall on Pozen on Separation of Powers and Self-Help Countermeasures (AdLaw Bridge Series)

In my first AdLaw Bridge Series post, I reviewed David Pozen‘s Self-Help and the Separation of Powers, which was just published in the Yale Law Journal. As I mentioned in that post, the article’s practical (and political) implications should not be overlooked. Professor Pozen is careful to note, repeatedly, that the purpose of the paper is not to […]

Notice & Comment

Jellum on Parrillo on Salarization Impact on Government Legitimacy (AdLaw Bridge Series)

Over at the Journal of Things We Like (Lots) — aka Jotwell, which I explain further here  — Linda Jellum has a solid reviewof Nicholas Parrillo ‘s terrific book Against the Profit Motive: The Salary Revolution in American Government, 1780-1940 (2013). The Law and Society Association provides a great summary of the book: Against the Profit Motive traces […]

Notice & Comment

Marouf, Kagan & Gill on Empirical Realities of Immigration Stays (AdLaw Bridge Series)

Being at the ABA Administrative Law Conference this week has me thinking more about the terrific empirical work scholars are carrying out to better understand real-world administrative law.  One of my favorite such empirical projects from this year is entitled “Justice on the Fly: The Danger of Errant Deportations” by Fatma Marouf, Michael Kagan , and Rebecca […]