Administrative Law SSRN Reading List, September 2019 Edition

by Christopher J. Walker — Monday, Oct. 14, 2019@chris_j_walker

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 […]

A Better Approach to Factoring Federalism Considerations into Regulatory Strategies, by Alejandro E. Camacho and Robert L. Glicksman

by Guest Blogger — Monday, Oct. 14, 2019

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 […]

This entry was tagged .

ACUS and Best Practices for Agency Guidance, by Jeremy Graboyes and Todd Phillips

by Guest Blogger — Friday, Oct. 11, 2019

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 […]

This entry was tagged .

Repo in Turmoil: The Curious Case of the Missing Reserves, by Marcelo M. Prates

by Guest Blogger — Friday, Oct. 11, 2019

During the week of September 16, 2019, a little-noticed corner of the financial markets came under severe stress. In times of ultra-low interest rates, rates in the repo market spiked to nearly 10%. Repo, in this case, means “repurchase agreement,” a fairly safe lending operation, in which money is exchanged for highly-rated securities and exchanged […]

This entry was tagged .

The Authors Respond, by JoAnne Yates and Craig N. Murphy

by Guest Blogger — Friday, Oct. 11, 2019

Pierre Larouche is right, but it is not just legal scholars: almost everyone who encounters the vast (but rarely noticed) world of private standard setting ends up like the blind men and the elephant of the fable. Most scholars of standardization, and even standards setters themselves, can only describe those parts with which they have […]

This entry was tagged .

Implications of Mozilla for Agency Economic Analysis, by Jerry Ellig

by Guest Blogger — Thursday, Oct. 10, 2019

The D.C. Circuit released its opinion in Mozilla v. FCC, which largely upheld the Federal Communications Commission’s (FCC’s) Restoring Internet Freedom order, on October 1, 2019. Much of the ensuing commentary and policy debate will no doubt center on the fact that the court upheld the substance of the order but struck down the provision […]

Guidance Is Unkillable, by David Zaring

by Guest Blogger — Thursday, Oct. 10, 2019

The two anti-guidance executive orders reflect a promise kept to industry, which has vociferously complained about enforcement on the basis of guidance. The campaign against guidance made some progress at DOJ with a 2017 memo issued by the Attorney General designed to “end,” at least as a press release put it, the “practice of regulation […]

A Reply to Bray’s Response to The Lost History of the “Universal” Injunction, by Mila Sohoni

by Guest Blogger — Thursday, Oct. 10, 2019

In Multiple Chancellors, Professor Bray argued that federal courts should give only a “plaintiff-protective injunction, enjoining the defendant’s conduct only with respect to the plaintiff,” “[n]o matter how important the question and how important the value of uniformity,” with respect to federal defendants. (MC, p. 420; p. 424 (noting that this rule would “logically apply” […]

The New Executive Orders on Guidance: Initial Reactions, by Nicholas R. Parrillo

by Guest Blogger — Thursday, Oct. 10, 2019

Following up on Aaron Nielson’s post: The White House yesterday issued two executive orders relating to agency guidance documents. The first is titled Executive Order on Promoting the Rule of Law Through Improved Agency Guidance Documents, which I’ll call the Guidance EO. The second is titled Promoting the Rule of Law Through Transparency and Fairness […]