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 […]
Here is the July 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. Freerolls by Annie Duke & Cass R. Sunstein The Indecisions of 1789: Strategic Ambiguity and the Imaginary Unitary Executive (Part I) by Jed Handelsman Shugerman […]
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 […]
As I blogged about back in February, the Hastings Law Journal hosted a terrific live symposium on February 21st (the last time I traveled anywhere outside central Ohio for work) on Administrative Law in the Age of Trump. The law journal editors were absolutely fantastic, and the print issue from that symposium has now been […]
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 […]
Last Term I covered PDR Network, LLC v. Carlton & Harris Chiropractic Inc. for SCOTUSblog. The question presented in PDR Network was whether the Hobbs Act strips district courts of jurisdiction to reconsider the validity of an agency’s legal interpretation of certain statutes. As I explained in my opinion analysis post, the Court ultimately dodged […]