This post is part of Notice & Comment’s symposium on Peter Conti-Brown and Sean Vanatta’s Private Finance, Public Power: A History of Bank Supervision in America. For other posts in the series, click here. The goal of scholarship in law, in economics, or in general should be to expand our understanding of the world. Peter Conti-Brown and Sean […]
This post is part of Notice & Comment’s symposium on Peter Conti-Brown and Sean Vanatta’s Private Finance, Public Power: A History of Bank Supervision in America. For other posts in the series, click here. Peter Conti-Brown and Sean Vanatta’s Private Finance, Public Power: A History of Bank Supervision in America is ambitious in its temporal sweep, extending from […]
This post is part of Notice & Comment’s symposium on Peter Conti-Brown and Sean Vanatta’s Private Finance, Public Power: A History of Bank Supervision in America. For other posts in the series, click here. Reading Peter Conti-Brown and Sean Vanatta’s rich history of banking supervision in the U.S., I was prompted to ask myself whether there is a […]
This post is part of Notice & Comment’s symposium on Peter Conti-Brown and Sean Vanatta’s Private Finance, Public Power: A History of Bank Supervision in America. For other posts in the series, click here. Peter Conti-Brown’s and Sean Vanatta’s excellent history of bank supervision, Private Finance, Public Power, arrives at a crucial moment. Supervisory discretion is facing an […]
This post is part of Notice & Comment’s symposium on Peter Conti-Brown and Sean Vanatta’s Private Finance, Public Power: A History of Bank Supervision in America. For other posts in the series, click here. The administrative state is again at a cross roads. The Supreme Court seems poised to continue its march toward trying to fit all of […]
This post introduces Notice & Comment’s symposium on Peter Conti-Brown and Sean Vanatta’s Private Finance, Public Power: A History of Bank Supervision in America. For other posts in the series, click here. Bank supervision resists easy categorization. Sometimes, supervisors resemble cops on the beat, enforcing laws and pursuing violators. At other times, they are akin […]
*This post is part of a symposium on Modernizing Regulatory Review. For other posts in the series, click here. It has been a pleasure to read the thoughtful commentary from scholars and practitioners in this Notice & Comment blog series on modernizing regulatory review. The contributions provide a range of important critiques and recommendations to inform […]
*This post is part of a symposium on Modernizing Regulatory Review. For other posts in the series, click here. The contributions to this symposium illuminate many important aspects of the Biden Administration’s push to “modernize” regulatory review. One big innovation of that push is injecting international considerations into that process more than ever before. Executive Order 14,094 and […]
*This post is part of a symposium on Modernizing Regulatory Review. For other posts in the series, click here. The Treasury Department and the White House Office of Management and Budget on June 9 entered into a Memorandum of Agreement (2023 MOA) with the effect that tax and certain other Treasury regulations will not be subject to […]
*This post is part of a symposium on Modernizing Regulatory Review. For other posts in the series, click here. This essay was originally published in Administrative & Regulatory Law News, the quarterly magazine of the American Bar Association’s Administrative Law and Regulatory Practice Section. Visit here to become a Section member. Executive Order 14,094 (“the Order”),[1] signed by President Biden […]
*This post is part of a symposium on Modernizing Regulatory Review. For other posts in the series, click here. This essay was originally published in Administrative & Regulatory Law News, the quarterly magazine of the American Bar Association’s Administrative Law and Regulatory Practice Section. Visit here to become a Section member. After issuing a memorandum on “Modernizing Regulatory Review” […]
*This post is part of a symposium on Modernizing Regulatory Review. For other posts in the series, click here. This essay was originally published in Administrative & Regulatory Law News, the quarterly magazine of the American Bar Association’s Administrative Law and Regulatory Practice Section. Visit here to become a Section member. The recently proposed revisions to Circular A-4—a guidance […]
*This post is part of a symposium on Modernizing Regulatory Review. For other posts in the series, click here. This essay was originally published in Administrative & Regulatory Law News, the quarterly magazine of the American Bar Association’s Administrative Law and Regulatory Practice Section. Visit here to become a Section member. The Biden Administration has proposed revising the government-wide […]
*This post is part of a symposium on Modernizing Regulatory Review. For other posts in the series, click here. I was pleased to see the new proposed Circular A-4 acknowledge right up front that the “[r]egulatory analysis [it] describe[s] does not supplant any analytic requirements . . . set out in the statutes that authorize or require agency […]
*This post is part of a symposium on Modernizing Regulatory Review. For other posts in the series, click here. Circular A-4 should include a mandatory process of robust and transparent pre-proposal public collaboration for rules that remain subject to review under the revised EO 12866 guidance. Multiple executive orders subsequent to EO 12866 have required more substantive collaboration with affected persons, […]