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Notice & Comment


This is a really exciting time to be studying administrative law, and the recent papers added to SSRN only underscore that. Here is the September 2019 Edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law eJournal, which is edited by Bill Funk. The Judicial Demand for […]
Controversies over the appropriate allocations of policymaking authority between the federal and state governments are almost as old as the Republic, as the Supreme Court pointed out in a 1992 decision involving the distribution of authority over radioactive waste disposal. Yet, the disputes never seem fully resolved. Certainly that is true of environmental regulation, as […]
Today was a first. I’ve been reading D.C. Circuit opinions every week for more than four years. And today, for the first time, at least for me, the Court’s servers were not able to keep up with demand.* It seems that Trump v. Mazars USA, LLP — which perhaps really should be called Committee on […]
As Aaron Nielson posted Wednesday, President Trump issued two new executive orders this week that impact the use of guidance by executive agencies. Taken together, the EOs seek to ensure the “transparent” and “fair” use of guidance documents by requiring agencies to: (a) develop procedures for issuing guidance documents; (b) provide reasonable notice and easy […]

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