This post is part of Notice & Comment’s symposium on the Senate Post-Chevron Working Group Report. For other posts in the series, click here. The Post-Chevron Working Group Report reads less as a plan to improve Americans’ lives through streamlining agencies and achieving democratic accountability than as a broadside against the functionality of American governance that has risen […]
This post is part of Notice & Comment’s symposium on the Senate Post-Chevron Working Group Report. For other posts in the series, click here. It has been nearly a decade since Justice Elena Kagan summarized the judicial interpretation zeitgeist by noting that “[w]e’re all textualists now.”[1] And while it may be that textualism is a predominate form of […]
This post is part of Notice & Comment’s symposium on the Senate Post-Chevron Working Group Report. For other posts in the series, click here. Senator Eric Schmitt’s Post-Chevron Working Group Report is live. The document (and the lead-up to its publication) reflects a careful process of congressional engagement with a landmark decision of the Supreme Court—Loper Bright Enterprises […]
This post is part of Notice & Comment’s symposium on the Senate Post-Chevron Working Group Report. For other posts in the series, click here. I have a certain obsession with Congress’s capacity for legal deliberation. I have tried to build out the promise of the ongoing renaissance in legislative constitutionalism.[i] In Resurrecting the Trinity of Legislative Constitutionalism, I […]
This post is part of Notice & Comment’s symposium on the Senate Post-Chevron Working Group Report. For other posts in the series, click here. How should one think about Loper Bright? On its face, Loper Bright is a meaningful yet measured Supreme Court decision that requires agencies to act consistently with the best statutory readings. But for some, […]
This post is part of Notice & Comment’s symposium on the Senate Post-Chevron Working Group Report. For other posts in the series, click here. Chevron is now in the dustbin of history, and the Senate Working Group’s Report establishes a blueprint for what Congress should do next. One of my top priorities as General Counsel of DOGE was […]
This post introduces Notice & Comment’s symposium on the Senate Post-Chevron Working Group Report. For other posts in the series, click here. The Constitution never created, and the American people never voted for, an unelected fourth branch of government. Yet over the last century, a malignant administrative state has grown like kudzu over our constitutional […]
This post concludes Notice & Comment’s symposium on Joshua D. Blank and Leigh Osofsky’s Automated Agencies: The Transformation of Government Guidance. For other posts in the series, click here. Thank you to the editors of JREG for organizing the wonderful symposium this week regarding our new book, Automated Agencies: The Transformation of Government Guidance, and thank you to […]
This post is part of Notice & Comment’s symposium on Joshua D. Blank and Leigh Osofsky’s Automated Agencies: The Transformation of Government Guidance. For other posts in the series, click here. We live in a computerized, point-and-click world. Increasingly, this means that our interactions with the government also are reduced to pointing and clicking at the computer. In […]
This post is part of Notice & Comment’s symposium on Joshua D. Blank and Leigh Osofsky’s Automated Agencies: The Transformation of Government Guidance. For other posts in the series, click here. In Automated Agencies, Professors Blank and Osofsky offer “the definitive account of how automation is transforming government explanations of law to the public,” as the book’s description […]
This post is part of Notice & Comment’s symposium on Joshua D. Blank and Leigh Osofsky’s Automated Agencies: The Transformation of Government Guidance. For other posts in the series, click here. It is a pleasure to participate in this symposium on Josh Blank’s and Leigh Osofsky’s excellent new book, Automated Agencies. Their work intersects in significant and interesting […]
This post is part of Notice & Comment’s symposium on Joshua D. Blank and Leigh Osofsky’s Automated Agencies: The Transformation of Government Guidance. For other posts in the series, click here. Automated Agencies: The Transformation of Government Guidance, by Joshua D. Blank and Leigh Osofsky, is part of the authors’ larger study of informal legal guidance, such as […]
This post is part of Notice & Comment’s symposium on Joshua D. Blank and Leigh Osofsky’s Automated Agencies: The Transformation of Government Guidance. For other posts in the series, click here. In Automated Agencies: The Transformation of Government Guidance, the authors make a strong case for a principled approach toward agencies’ use of automated guidance; such an approach […]
This post is the first contribution to Notice & Comment’s symposium on Joshua D. Blank and Leigh Osofsky’s Automated Agencies: The Transformation of Government Guidance. For other posts in the series, click here. In a 1990 episode of the sitcom Roseanne, Roseanne and Dan Conner (played by Roseanne Barr and John Goodman) are frantically working on […]
This post concludes Notice & Comment’s symposium on Peter Conti-Brown and Sean Vanatta’s Private Finance, Public Power: A History of Bank Supervision in America. For prior posts in the series, click here. In December 1863, the first Comptroller of the Currency, Hugh McCulloch, offered the government’s aid to bankers who would join the new national banking system: “The […]