Regulatory Change & the Trump Administrative State Conference

Print Edition

Notice & Comment


Today was a big day for the Yale Journal on Regulation. The Journal hosted a conference on “Regulatory Change & the Trump Administrative State.” I was able to participate on the “Changes in Administrative Law in the Courts” panel. Because the D.C. Circuit was quiet this week,* this post will address some of my remarks. […]
“Empiricism and Privacy Policies in the Restatement of Consumer Contract Law” (Empiricism) asks the wrong question and takes the wrong approach to answering that question. A second article in same issue of the Journal, “The Faulty Foundation of the Draft Restatement of Consumer Contracts” (Faulty Foundation) has similar flaws.[1]  Both articles misconceive and overstate the […]
Next week’s main adlaw event at the Supreme Court is, of course, Kisor v. Wilkie, in which the Court will decide whether to overturn Auer deference to agency regulatory interpretations. But next week’s argument schedule also includes a pretty fascinating adlaw undercard: PDR Network v. Carlton & Harris Chiropractic. Over at SCOTUSblog, I posted a preview […]
The American Law Institute is considering the adoption of a Restatement of Consumer Contracts. (The present version of the proposed Restatement is Council Draft No. 5, and this article is based on that Draft.) The proposed Restatement is opposed by the Attorneys General of California, Delaware, the District of Columbia, Illinois, Iowa, Maine, Maryland, Massachusetts, […]

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