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 […]
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 […]