Why the Senate Likely Cannot Be Called Back Into Session Under the Constitution

by Sam Wice — Saturday, Aug. 17, 2019@Wice_sam

In response to mass shootings across the country, several politicians, including President Trump, have called for increased gun-control measures. House Democrats had already passed some gun control bills before the mass shootings, and Speaker Pelosi has urged the Senate to consider the legislation. To encourage immediate action, Speaker Pelosi recently wrote a letter to President […]

This entry was tagged .

D.C. Circuit Review – Reviewed: Sausage Making

by Aaron Nielson — Friday, Aug. 16, 2019@Aaron_L_Nielson

Then-Judge Scalia penned one of the D.C. Circuit’s great sentences: “This case, involving legal requirements for the content and labeling of meat products such as frankfurters, affords a rare opportunity to explore simultaneously both parts of Bismarck’s aphorism that ‘No man should see how laws or sausages are made.’” That sentence came to mind today […]

Reclaiming Notice and Comment: Part II, by Nancy Chi Cantalupo, Matthew Cortland, and Karen Tani

by Guest Blogger — Tuesday, Aug. 13, 2019

In an earlier post in this series, two of us (Cortland and Tani) described how the notice-and-comment process has entered the arsenal of a range of groups and organizers, many seeking to challenge the policies of the current administration. We made the case by highlighting grassroots efforts to explain to the public what notice-and-comment is and how to participate […]

This entry was tagged .

Reclaiming Notice and Comment, by Matthew Cortland and Karen Tani

by Guest Blogger — Monday, Aug. 12, 2019

In June 2016, five months before the election of President Donald Trump, Senator Elizabeth Warren wrote a post for the Regulatory Review on “corporate capture of the regulatory process.” It highlighted myriad opportunities in the rulemaking process “for powerful industry groups to tilt the scales in their favor.” The “notice and comment” process offered a key example: […]

This entry was tagged .

Democratizing Administrative Law Symposium @ Law and Political Economy Blog

by Christopher J. Walker — Monday, Aug. 12, 2019@chris_j_walker

The Law and Political Economy Blog is hosting a really fascinating symposium entitled Democratizing Administrative Law. The symposium contributions are collected here. And here are links to the contributions published to date: Democratizing Administrative Governance: How the Civil Rights Movement Shaped Medicare’s Implementation, by David Barton Smith Reclaiming Notice and Comment, by Matthew Cortland & Karen Tani Critics […]

This entry was tagged .

What Does the Future Hold for Administrative Records after Department of Commerce v. New York?, by Aram A. Gavoor

by Guest Blogger — Monday, Aug. 12, 2019

Building on Chris Walker’s excellent day-of analysis of the Supreme Court’s decision in Department of Commerce v. New York, I write to provide insight on the Court’s treatment of administrative records in that case and to preview an essay that Steven Platt and I authored that analyzes the decision on that score and predicts consequences […]

The Regulatory State and Revolution: How (Fear of) Communism Has Shaped Administrative Law, by Evan Bernick

by Guest Blogger — Sunday, Aug. 11, 2019

During its formative years, American administrative law was haunted by the specter of communism. At a time when democratic socialism is on the rise in American politics, it’s worth pausing to reflect upon this history—a history in which fears of radical political change inspired judicial and legislative efforts to limit the administrative state’s capacity to […]

This entry was tagged .

Administrative Conference Publishes Four New Recommendations (ACUS Update)

by Emily Bremer — Saturday, Aug. 10, 2019@emilysbremer

At its 71st Plenary Session held June 13, 2019, the Administrative Conference adopted four new recommendations, addressing: (1) Agency Guidance Through Interpretive Rules; (2) Agency Recruitment and Selection of Administrative Law Judges; (3) Public Availability of Agency Guidance Documents; and (4) Revised Model Rules for Implementation of the Equal Access to Justice Act.  The complete […]

Bending the Rules Symposium Response, by Rachel Potter

by Guest Blogger — Friday, Aug. 9, 2019

It is both humbling and daunting to have your book reviewed by so many eminent scholars. I am deeply grateful to Chris Walker and the JREG crew for hosting this symposium, and especially to Bridget Dooling for organizing it.   When I first began writing Bending the Rules: Procedural Politicking in the Bureaucracy, my hope was […]