A judge rules that EEOC’s rule on wellness programs is busted.

by Nicholas Bagley — Wednesday, Aug. 23, 2017

Back in November 2015, I criticized a proposed rule about wellness programs that the Equal Employment Opportunity Commission was then considering. The rule would have allowed employers to impose a financial penalty—up to 30 percent of annual premiums—on employees who declined to participate in a wellness program. The trouble was that the Americans with Disabilities […]

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Why the Bank Examination Privilege Is Breaking Down, by Eric B. Epstein

by Guest Blogger — Wednesday, Aug. 23, 2017

Federal oversight of the banking industry generally takes place through bank examinations. A bank examination is a confidential, non-public dialogue between a regulator and a bank about the bank’s policies and practices. During this dialogue, bank examiners and banks depend on a federal rule known as the bank examination privilege. However, this rule is beginning […]

The Evolution of Benefit-Cost Analysis into Federal Rulemaking, by Jim Tozzi

by Guest Blogger — Monday, Aug. 21, 2017

Nearly fifty years ago Alan Schmid, a visiting professor working at the Office of the Secretary of the Army, made a game changing announcement to his colleagues in the Systems Analysis Group housed in the Pentagon. Schmid argued that the then use of benefit-cost analysis, which was applied to capital expenditure projects such as dams […]

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Is there a Duty to Serve an Immoral President? A Taxonomy

by Peter Conti-Brown — Friday, Aug. 18, 2017

A few weeks ago, in those bygone days when Sean Spicer reigned in the White House pressroom and Reince Priebus was White House Chief of Staff, I wrote an op-ed called the Case for Janet Yellen. In it, I explained why Janet Yellen should be her own successor at the Fed, for a variety of […]

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D.C. Circuit Review – Reviewed: Gone Fishin’

by Aaron Nielson — Friday, Aug. 18, 2017@Aaron_L_Nielson

This is my last week of summer — next week, the 1Ls arrive. I would say my summer vacation is coming to an end but, in fact, it doesn’t feel like I’ve had a vacation at all. Instead, this summer has been full of long days and short nights. (Hopefully the result of all those […]

Upcoming Event on Regulatory Benefit-Cost Analysis (ACUS Update)

by Emily Bremer — Thursday, Aug. 17, 2017@emilysbremer

If you’re going to be in the DC area on September 29 and are interested in benefit-cost analysis, here’s the event for you!  The Administrative Conference of the United States (ACUS), the Society for Benefit-Cost Analysis (SBCA), and the GWU Regulatory Studies Center are co-sponsoring an afternoon of discussion on New Developments in Regulatory Benefit-Cost […]


The Emoluments Clauses Lawsuits’s Weak Link: The Official Capacity Issue, by Seth Barrett Tillman

by Guest Blogger — Tuesday, Aug. 15, 2017

The conclusion of briefing in Citizens for Responsibility and Ethics in Washington (“CREW”) v. Donald J. Trump, in his official capacity as President of the United States of America, Civ. A. No. 1:17-cv-00458 (Southern District of New York, filed January 23, 2017), the first filed of three Foreign Emoluments Clause cases, is now almost in […]

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Exciting Additions to Jotwell’s Administrative Law Section

by Chris Walker — Tuesday, Aug. 15, 2017@chris_j_walker

As I first noted on the blog back three years ago, the Administrative Law Section of Jotwell—The Journal of Things We Like (Lots)—is a terrific resource for administrative law practitioners and scholars. Each month Jotwell’s Administrative Law Section publishes a short review of a current piece of administrative law scholarship, usually authored by one of […]

Using Congressional Rules to Shift the Balance of Power, by Aneil Kovvali

by Guest Blogger — Monday, Aug. 14, 2017

Last week, the president signed the Countering America’s Adversaries Through Sanctions Act.  Among other things, the act codifies sanctions against Russia into statutory law and provides that the president must navigate a congressional review process before waiving or terminating those sanctions. In an accompanying signing statement, the president attacked the congressional review provision as unconstitutional, […]

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Administrative Law SSRN Reading List, July 2017 Edition

by Chris Walker — Monday, Aug. 14, 2017@chris_j_walker

Lots of great new adlaw scholarship this summer! Here is the July 2017 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 Politics of Invoking Chevron Deference by Kent H. Barnett, Christina L. Boyd & Christopher J. Walker [CJW Note: This […]