Notice & Comment

Ad Law Reading Room

Notice & Comment

Ad Law Reading Room: “The Beleaguered Sovereign: Judicial Restraints on Public Enforcement,” by Luke P. Norris and Helen Hershkoff

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 […]

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Ad Law Reading Room: “Resurrecting the Trinity of Legislative Constitutionalism,” by Beau Baumann

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 […]

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Ad Law Reading Room: “Emergency Powers for Good,” by Elena Chachko and Katerina Linos

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 […]

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Ad Law Reading Room: “Working with Statutes,” by Anya Bernstein & Cristina Rodríguez

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 […]

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Ad Law Reading Room: “Does the Law Ever Run Out?,” by Charles Capps & “Pragmatics and Textualism,” by Lawrence Solum

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, […]

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Ad Law Reading Room: “Nondelegation, Original Meaning, and Early Federal Taxation: A Dialogue With My Critics,” by Nicholas R. Parrillo

Today’s Ad Law Reading Room entry is “Nondelegation, Original Meaning, and Early Federal Taxation: A Dialogue With My Critics,” by Nicholas R. Parrillo, which was recently published by the Drake Law Review and posted to SSRN. (Note that the SSRN version includes an online-only appendix containing further dialogue. Parrillo also blogged about aspects of the […]

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Ad Law Reading Room: “Presidential Control and Administrative Capacity,” by Nicholas Bednar

Today’s Ad Law Reading Room entry is “Presidential Control and Administrative Capacity,” by Nicholas Bednar, which is forthcoming in the Stanford Law Review. Here is the abstract: Presidential control is the power to direct administrative capacity toward the president’s own policy objectives. Accordingly, presidential power vis-à-vis administrative policymaking has two necessary components: control and capacity. […]

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Ad Law Reading Room: “Ghostwriting Federalism,” by Adam S. Zimmerman

Today’s Ad Law Reading Room entry is “Ghostwriting Federalism,” by Adam Zimmerman, which was recently published by the Yale Law Journal and posted to SSRN. Here is the abstract: Notwithstanding the Supreme Court’s admonition that federal authorities should not “unduly interfere” with state government, federal agencies frequently write state laws. They draft model state acts. […]

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Ad Law Reading Room: “After Courts: Democratizing Statutory Law,” by Ryan D. Doerfler & Samuel Moyn

Today’s Ad Law Reading Room entry is “After Courts: Democratizing Statutory Law,” by Ryan D. Doerfler & Samuel Moyn, which is forthcoming in the Michigan Law Review. Here is the abstract: In Federalist No. 78, Alexander Hamilton argued for locating interpretive authority over law separately from those institutions tasked with formulating it. Hamilton’s vision, never […]

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Ad Law Reading Room: “FDA Leads, States Must Follow,” by Catherine M. Sharkey and Daniel J. Kenny

Today’s Ad Law Reading Room entry is “FDA Leads, States Must Follow,” by Catherine M. Sharkey and Daniel J. Kenny, which is forthcoming in the Washington University Law Review. Here is the abstract: As deference to administrative agencies has steadily come under attack, the FDA is a desert oasis. Courts have long deferred to the […]

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Ad Law Reading Room: “Governing by Assignment,” by Isaac Cui, Daniel E. Ho, Olivia Martin, and Anne Joseph O’Connell

Today’s Ad Law Reading Room entry is “Governing by Assignment,” by Isaac Cui, Daniel E. Ho, Olivia Martin, and Anne Joseph O’Connell, which is forthcoming in the University of Pennsylvania Law Review. Here is the abstract: A pillar of administrative law is expertise, but government is increasingly missing experts. The U.S. federal government faces a […]

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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 […]