*This is the seventh and final post in a series on Alex’s new Article, Is Administrative Summary Judgment Unlawful? For earlier posts in the series, click here. I am deeply grateful to Professors Barnett, Asimow, Virelli, and Tierney for their thoughtful and generous engagement with this paper. It’s an honor to be in a discussion […]
*This is the sixth post in a series on Alex Platt’s new Article, Is Administrative Summary Judgment Unlawful? For earlier posts in the series, click here. Alex Platt takes aim at the Securities and Exchange Commission’s Rule of Practice 250, which authorizes “summary disposition” on the papers in administrative enforcement proceedings where there is no […]
*This is the fifth post in a series on Alexander Platt’s paper, Is Summary Judgment Unlawful? For earlier posts in the series, click here. I am grateful to the Notice and Comment Blog for including me in this discussion of Alex Platt’s engaging and thought-provoking new article, Is Administrative Summary Judgment Unlawful? Although I agree […]
*This is the fourth post in a mini-symposium on Alexander Platt’s paper, Is Administrative Summary Judgment Unlawful? For earlier posts in the series, click here. Alex Platt’s article “Is Administrative Summary Judgment Unlawful?” raised many fundamental issues about subjects such as APA originalism and textualism and the utility of administrative summary judgment (hereinafter SJ). I […]
*This is the third post in a mini-symposium on Alexander Platt’s paper, Is Administrative Summary Judgment Unlawful? For earlier posts in the series, click here. When Philip Hamburger asked capaciously and provocatively Is Administrative Law Unlawful?, Adrian Vermeule famously and simply responded, “No.” Echoing Hamburger, Alex Platt asks a more limited question in his forthcoming […]
*This is the second post in a series on Alex’s new Article, Is Administrative Summary Judgment Unlawful? For earlier posts in the series, click here. My last post argued that the text, legislative history, and legal historical context of the Administrative Procedure Act (APA) demonstrate the statute prohibits enforcement agencies from using administrative summary judgment […]
*This is the first post in a series on Alex’s new Article, Is Administrative Summary Judgment Unlawful? For later posts in the series, click here. Thanks to Chris Walker, Elsa Dodds, and the Notice & Comment Blog for hosting this micro-symposium on my new Article, Is Administrative Summary Judgment Unlawful?. In this introductory post, I outline the core legal […]