Notice & Comment

AdLaw Bridge Series

Notice & Comment

The Empirical Realities of Agency Interpretive Practice

As Jerry Mashaw has remarked in the pages of the Administrative Law Review (Vol. 57, p. 537), “Inquiry into the empirical realities of agency interpretive practice can provide a crucial window on [agency statutory interpretation] and an essential step in the assessment of the legitimacy of administrative governance.”  Yet, to date, little work has been done to […]

Notice & Comment

Watts on Seifter on States as Interest Groups in Administrative Law (AdLaw Bridge Series)

My guess is that nearly all law professors are familiar with Jotwell—The Journal of Things We Like (Lots), which is hosted online by the University of Miami Law School under the direction of Michael Froomkin.  But I’m also pretty confident that this resource is underutilized—and for the most part unknown—outside of the legal academy.  I […]

Notice & Comment

Response to Jeff Pojanowski on Delegation and Complexity in Administrative Law

In Jeff’s post last Thursday, he makes the following observation about the continuing role of the nondelegation doctrine in administrative law: Would it make sense, for example, to trade a more vigorously enforceable non-delegation doctrine in exchange for radically lightened notice-and-comment procedural requirements, less monitoring of the use of non-legislative rules, more simplified judicial review […]

Notice & Comment

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

Perhaps due in part to a hopelessly gridlocked Congress, we live in an era of executive discretion. The White House has delayed the Affordable Care Act’s employer mandate. The Department of Homeland Security has announced that it will stop deporting certain noncitizens who are currently required to be removed by statute and refocus its efforts […]