Today’s Ad Law Reading Room entry is “Vacatur Within the Appellate Model of Judicial Review,” by Emily Bremer, which is forthcoming in the Yale Law Journal. Here is the abstract: This Article situates vacatur within a holistic account of the appellate model of judicial review that Congress codified in the Administrative Procedure Act (APA). Revisionist […]
Today’s Ad Law Reading Room entry is “Administrative Decentralization,” by David Fontana. Here is the abstract: The legitimacy of the administrative state has been challenged since it was first created. The persistent war over the administrative state now features a newly significant and largely unexamined front. Political and legal leaders from across the ideological and […]
Today’s Ad Law Reading Room entry is “Regulatory Settlement, Stare Decisis, and Loper Bright,” by Lisa Schultz Bressman and Kevin M. Stack, which was recently published in the NYU Law Review. Here is the abstract: In Loper Bright v. Raimondo, the Supreme Court adopted and deployed a particular narrative about agency action in support of […]
Today’s Ad Law Reading Room entry is “Valuing Administrative Democracy,” by Brian D. Feinstein and Daniel E. Walters. Here is the abstract: Public engagement has long sat at the heart of administrative law’s democratic aspirations. For proponents, opportunities for individuals to participate in agency decision-making help reconcile the administrative state with democratic ideals. Yet a […]
Today’s Ad Law Reading Room entry is “Immigration Venue Exceptionalism,” by Stacy Caplow and Maryellen Fullerton, which is forthcoming in the Cornell Law Review. Here is the abstract: The notion of “exceptionalism” has characterized immigration law for more than a century. Many constitutional and other traditional norms do not apply in the realm of immigration […]
Today’s Ad Law Reading Room entry is “How Not to Design Expert Bureaucracy: Lessons from Administrative Law,” by Wendy E. Wagner, which is forthcoming in the North Carolina Law Review. Here is the abstract: Can we trust our agency experts to provide reliable scientific knowledge to inform policy? This question has worried academics, policymakers, and […]
Today’s Ad Law Reading Room entry is “Remedies in the Officer Removal Cases,” by Samuel L. Bray. Here is the abstract: When a federal officer challenges her removal by the president, what forms of interim relief and what final remedies are available? This Article considers those questions. It shows that the appropriate remedy for a […]
Today’s Ad Law Reading Room entry is “Officers at Common Law,” by Nathaniel Donahue, which is forthcoming in the Yale Law Journal. Here is the abstract: The Framers of the federal Constitution said almost nothing about how subordinate officers would be held accountable. This Article provides one overlooked explanation for this longstanding puzzle. The Constitution […]
Today’s Ad Law Reading Room entry is “Rubber Stamps,” by Adam M. Samaha. Here is the abstract: Rubber-stamping is more often alleged than understood. The basic idea involves someone with formal authority following the views of another actor without serious second thought. Such arrangements are broadly disreputable yet terrifically common in government, and they lack […]
Today’s Ad Law Reading Room entry is “Loper Bright’s Disingenuity,” by Cary Coglianese and David Froomkin. Here is the abstract: Loper Bright prompted a tidal wave of reaction throughout the legal community when the Supreme Court announced it was overruling Chevron, the most frequently cited Court decision in administrative law. But Loper Bright cannot mean […]
Today’s Ad Law Reading Room brings two entries. The first is “Presidential Brokering in the Regulatory State,” forthcoming in the George Washington Law Review, by Jennifer Nou. The second is “The Chadha Presidency,” by Josh Chafetz. Here is Nou’s abstract: Presidents seeking to make regulatory policy face formidable hurdles, most recently heightened litigation risk, reduced […]
Today’s Ad Law Reading Room entry is “The Gray Area: Finding Implicit Delegation to Agencies after Loper Bright,” by Matthew Stephenson. Here is the abstract: In Loper Bright v. Raimondo, the Supreme Court overruled Chevron v. Natural Resources Defense Council and repudiated Chevron’s the across-the-board presumption that statutory ambiguities should be treated as implied delegations […]
Today’s Ad Law Reading Room entry is “New Challenges for Federal Regulations: Executive Branch Responses,” by Richard L. Revesz, which is forthcoming in the NYU Law Review. Here is the abstract: Over the last decade, federal regulations have faced increasingly more challenging hurdles. The Supreme Court’s 2024 decision in Loper Bright v. Raimondo, putting an […]
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 […]