Notice & Comment

Ad Law Reading Room

Notice & Comment

Ad Law Reading Room: “Not-So-Special Solicitude,” by Katherine Mims Crocker

Today’s Ad Law Reading Room entry is “Not-So-Special Solicitude,” by Katherine Mims Crocker. Here is the abstract: In a high-profile case last term about state standing to sue in federal court, Justice Gorsuch deemed it “hard not to wonder why” the majority said “nothing about ‘special solicitude.’” The silence was indeed surprising, for in a […]

Notice & Comment

Ad Law Reading Room: “Second-Class Administrative Law,” by Matthew Lawrence

Today’s Ad Law Reading Room entry is “Second-Class Administrative Law,” by Matthew Lawrence, which is forthcoming in the Washington University Law Review. Here is the abstract: Administrative law ordinarily presumes that someone hurt by “arbitrary and capricious” agency action may seek relief in federal court unless Congress says otherwise. Administrative law does the opposite, however, […]

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Ad Law Reading Room: “The Myth of the Federal Private Nondelegation Doctrine,” by Alexander Volokh

Today’s Ad Law Reading Room is “The Myth of the Federal Private Nondelegation Doctrine,” by Alexander Volokh, which was recently published by the Notre Dame Law Review and posted to SSRN. Here is the abstract: Judges and scholars have often claimed that delegations of governmental power to private parties are constitutionally prohibited. However, such a […]

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Ad Law Reading Room: “Juristocracy and Administrative Governance: From Benzene to Climate,” by Rachel Rothschild

Today’s Ad Law Reading Room entry is “Juristocracy and Administrative Governance: From Benzene to Climate,” by Rachel Rothschild. Here is the abstract: In a series of recent decisions culminating in West Virginia v. EPA, the Supreme Court relied on the newly named “major questions doctrine” to strike down agency regulations that protect public health and […]

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Ad Law Reading Room: “Saving Agency Adjudication,” by Aaron L. Nielson, Christopher J. Walker, and Melissa F. Wasserman

Today’s Ad Law Reading Room Entry is “Saving Agency Adjudication,” by Aaron L. Nielson, Christopher J. Walker, and Melissa F. Wasserman. Here is the abstract: When discussing the federal judiciary, commentators typically fixate on the 800 or so “Article III” judges who are nominated by the President, confirmed by the Senate, and enjoy life tenure […]

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Ad Law Reading Room: “Internal Revenue’s External Borders,” by Shayak Sarkar

Today’s Ad Law Reading Room Entry is “Internal Revenue’s External Borders,” by Shayak Sarkar, which is forthcoming in the California Law Review. Here is the abstract: The mandate of tax agencies seems clear: to secure revenue for the government and ensure taxpayer compliance. Yet for decades, the Internal Revenue Service (IRS) has regularly facilitated violent […]

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Ad Law Reading Room: “Administrative Law: A Public Casebook for the American Public Law System,” by Daniel Walters

Today’s Ad Law Reading Room entry is a bit different. There’s no abstract. There’s not even an article! Instead, I wanted to flag Daniel Walters’ new open-access administrative law casebook, “Administrative Law: A Public Casebook for the American Public Law System.” You can download the casebook from SSRN, but it’s also available over the H2O […]

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Ad Law Reading Room: “Modernizing the Power of the Purse Statutes,” by Eloise Pasachoff

Today’s Ad Law Reading Room entry is “Modernizing the Power of the Purse Statutes,” by Eloise Pasachoff, which is forthcoming in the George Washington Law Review. Here is the abstract: Two foundational statutes limit the executive branch’s important and necessary work in executing the budget against the backdrop of congressional control: the Antideficiency Act, dating […]

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Ad Law Reading Room: “Separation of Powers by Contract: How Collective Bargaining Reshapes Presidential Power,” by Nicholas Handler

Today’s Ad Law Reading Room entry is “Separation of Powers by Contract: How Collective Bargaining Reshapes Presidential Power,” by Nicholas Handler, which is forthcoming in the NYU Law Review. Here is the abstract: This Article demonstrates for the first time how civil servants check and restrain presidential power through collective bargaining. The executive branch is […]

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Ad Law Reading Room: “The Founders’ Purse,” by Christine Kexel Chabot

Today’s Ad Law Reading Room features “The Founders’ Purse” by Professor Christine Kexel Chabot. Here is the abstract: This Article addresses a new and impending war over the constitutionality of broad delegations of spending power to the executive branch. In an opening salvo, the Fifth Circuit held that Congress unconstitutionally delegated its power of the […]

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Ad Law Reading Room: Margaret Kwoka, “Delegating Information Oversight”

Today’s Ad Law Reading Room features “Delegating Information Oversight” by Professor Margaret Kwoka, which is forthcoming in the Georgetown Law Journal. Here is the abstract: The right to access government information is a foundational element of a democratic society, protected in the United States by the Freedom of Information Act, or FOIA. But agencies cannot […]

Notice & Comment

Ad Law Reading Room: Bijal Shah, “Administrative Subordination”

Today’s Ad Law Reading Room entry is “Administrative Subordination” by Professor Bijal Shah, which is forthcoming in the University of Chicago Law Review. Here is the abstract: Much of the work on immigration enforcement and environmental justice assumes that agencies negatively impact vulnerable marginalized people as a result of individualized bias or arbitrariness in administration. […]