Today’s Ad Law Reading Room entry is “Designing Policymaking Mechanisms for Regulatory Dynamism,” by Julie E. Cohen, Nina-Simone Edwards, Meg Leta Jones, and Paul Ohm. Here is the abstract: The administrative state is struggling to counter the harms of today’s information economy. Existing mechanisms for policymaking fall short both substantively and procedurally. Substantively, regulators face […]

Today’s Ad Law Reading Room entry is “The Lost English Roots of Notice-and-Comment Rulemaking,” by Rephael G. Stern, which was recently published by the Yale Law Journal and posted to SSRN.  Here is the abstract: Notice-and-comment rulemaking is arguably the most important procedure in the modern administrative state. Influential accounts even frame it as the […]

Today’s Ad Law Reading Room entry is “Appropriations Presidentialism,” by Matthew B. Lawrence, Eloise Pasachoff, and Zachary S. Price, which is forthcoming in the Georgetown Law Journal Online. Here is the abstract: The executive branch is attempting to change how federal spending works by asserting unilateral authority to condition, delay, cancel, or otherwise disrupt federal […]

Today’s Ad Law Reading Room delivers a twofer (you’re welcome). The first entry is “Presidential Administration After Arthrex,” by Noah A. Rosenblum & Roderick M. Hills, Jr. The second is “Science and Politics in Public Health Regulation,” by Samuel R. Bagenstos. Here is Rosenblum and Hills’ abstract: The federal government employs over 2 million civilian […]

Today’s Ad Law Reading Room entry is “Rethinking the Administrative-Remand Rule,” by Matthew J. Sanders, which is forthcoming in the Stanford Law Review. Here is the abstract: With a few exceptions, the federal courts of appeals have jurisdiction over—and only over—“final decisions” of the district courts. There is a little-known but highly consequential rule, known […]

Today’s Ad Law Reading Room entry is “The Public Law of Public Utilities,” by Joshua Macey and Brian Richardson, which is forthcoming in the Yale Journal on Regulation. Here is the abstract: This Article describes the constitutional history of public utility regulation to make sense of apparent puzzles and inconsistencies in modern administrative law. First, […]

Today’s Ad Law Reading Room entry is “Standard Textualism,” by James Macleod. Here is the abstract: For as long as legal scholars have been writing about the rules-versus-standards distinction, textualism has been presumed to produce typically rule-like law. This Article argues for the opposite view. Far from generating the “law of rules” that Scalia famously […]

Today’s Ad Law Reading Room entry is “The Administrative State’s Second Face,” by Emily Chertoff and Jessica Bulman-Pozen, which is forthcoming in the NYU Law Review. Here is the abstract: We often assume that there is one administrative state, with one body of administrative law that governs it. In fact, the administrative state has two […]

Today’s Ad Law Reading Room entry is “Immigration Status Federalism,” by David Chen, which is forthcoming in the Yale Journal on Regulation. Here is the abstract: Recent subfederal interventions into immigration policymaking have sparked an explosion of federalism scholarship, but nearly all such accounts focus on two domains: enforcement and state benefits. The literature continues […]

With apologies for the delay in between postings, we’re back! Today’s Ad Law Reading Room entry is “The Great Unsettling: Administrative Governance After Loper Bright,” by Cary Coglianese and Daniel Walters, which is forthcoming in the Administrative Law Review. Here is the abstract: “Chevron is overruled.” These three words surely captured more attention than any […]

Today’s Ad Law Reading Room entry is “The Beleaguered Sovereign: Judicial Restraints on Public Enforcement,” by Luke P. Norris and Helen Hershkoff, which is forthcoming in the Texas Law Review. Here is the abstract: Looking back at the federal courts over the last generation, commentators will likely focus on their role in undermining the functioning […]

Today’s Ad Law Reading Room entry is “Resurrecting the Trinity of Legislative Constitutionalism,” by Beau Baumann, which is forthcoming in the Yale Law Journal. Here is the abstract: For generations, scholars have called on Congress to counter the Department of Justice’s Office of Legal Counsel. They argue that a congressional OLC could safeguard Congress’s prerogatives […]

Today’s Ad Law Reading Room entry is “Emergency Powers for Good,” by Elena Chachko and Katerina Linos, which is forthcoming in the William & Mary Law Review. Here is the abstract: Emergency powers are widely, and justly, criticized as threats to the rule of law. In the United States, forty-three declared emergencies give the executive […]

Today’s Ad Law Reading Room entry is “Working with Statutes,” by Anya Bernstein and Cristina Rodríguez, which is forthcoming in the Texas Law Review. Here is the abstract: In its 2024 decision overruling the decades-old Chevron doctrine directing judges to accept an agency’s reasonable interpretation of ambiguous statutory language, the Supreme Court declares: “agencies have […]

Today, the Ad Law Reading Room generously delivers two entries. The first entry is “Does the Law Ever Run Out?,” by Charles F. Capps. The second is “Pragmatics and Textualism,” by Lawrence B. Solum. Here is Capps’ abstract: Although laypeople commonly believe that a judge’s job is to decide every case as the law requires, […]