Apologies again; this post is also a quick one. I don’t often agree with Richard Posner.* But I’m sympathetic to his criticism of “mock trials” involving real judges. This is how they work. A pair of (often famous) lawyers reimagine historical — or historical-ish — cases before a panel of honest-to-goodness judges while an audience […]
If you peruse the D.C. Circuit’s webpage often — and, really, who doesn’t? 😉 — you’ve no doubt noticed an announcement that hasn’t changed for a long time: This may confuse you. First, why is dated “2014-15”? And second, why is an announcement about clerkship hiring of all things given arguably the most prominent placement […]
Earlier this week, as I was reading the en banc decision in PHH Corp. CFPB, it struck me that the Court cited a large number of law review articles. So for this bonus edition of D.C. Circuit Review – Reviewed, I asked my dutiful research assistants to put together a chart of the articles cited […]
At long last, the en banc D.C. Circuit has decided PHH Corp. v. CFBP. This case — which, of course, we have discussed many times here at Notice & Comment — concerns the constitutionality of the restrictions on the President’s ability to remove the CFPB director (namely, only for “for inefficiency, neglect of duty, or […]
If you are a regular reader (“Hi, Mom!”*), you might think that D.C. Circuit Review — Reviewed does too much cheerleading for the D.C. Circuit. After all, although I make exceptions, I generally try not to offer my view about whether the Court’s opinions are right or wrong. Plus I try — hopefully successfully– not […]
Apologies: This post was written quickly. My evening was spent at a D.C. Circuit-ish event. The D.C. Circuit and “Net Neutrality” have a long history. Here is a short, very simplified version of it.* In 2002, the FCC decided that internet access was an “information service” rather than a “common-carrier” service. The decision was challenged […]
Have you ever read the unabridged Les Misérables?* One of my favorite activities — unfortunately, not one I do all that often — is reading 19th-century fiction. For a long time, my favorite author was Thackeray. Recently, however, I’ve started re-reading the greatest hits of Victor Hugo. And sure enough, Les Misérables is an amazing […]
Something unexpected happened last Saturday night. I was hard at work — true story, grading exams — in my home when the clock struck midnight. At that moment I heard fireworks! And it was not just from one house. I was more than a little puzzled. Who in the world would launch fireworks to celebrate […]
In the aftermath of Watergate, a young — well, young-ish — Antonin Scalia found himself defending executive privilege before Congress. This is how he closed his remarks: “I realize that anyone saying a few kind words about executive privilege after the events of the last few years is in a position somewhat akin the man […]
Last year, I wrote a lengthy post about Christmas in the D.C. Circuit. I’ve decided to repost it, especially because this week the D.C. Circuit added a new chapter to the story. The Court also issued a fair number of non-Yuletide opinions (discussed below).* So here, you go — the story of Christmas in the […]
(Apologies; this post was written quickly — and at 30,000 feet.) This has been a busy week. What to write about? The White House released the Unified Agenda. Unfortunately, I haven’t had a chance to review it yet. The Administrative Conference of the United States finished its plenary session.* Emily Bremer, however, will have that […]
The D.C. Circuit issued no opinions this week. But that doesn’t mean there is no news. For instance, Adam Feldman suggested yesterday that Judge Brett Kavanaugh may be “The Next Nominee to the Supreme Court.”* Likewise, Judge Raymond Kethledge of the Sixth Circuit published a significant essay about Chevron — in which he discusses his […]
I haven’t counted but I suspect — with the possible exception of symposium weeks — that this week has been the busiest in the history of Notice & Comment. We have had posts aplenty about the CFPB. There was a mini-debate about whether Chenery II poses a threat to liberty (Richard Pierce says “never,” I […]
Steve Calabresi “nearly broke the internet” with his remarks last week at the Federalist Society National Lawyers Convention. But something else was said at the Convention — with less fanfare — that strikes me as more significant. The speaker? White House Counsel Don McGahn. The subject? The two Chenery cases. Here is what McGahn said*: […]
Who is the most scholarly of them all? I was tempted to take this week off. After all, why blog about the D.C. Circuit when an actual D.C. Circuit judge is already blogging here? You can learn a lot more about the D.C. Circuit from Judge Williams than from me! But then I read this […]