A Comment on Administrative Law from the Inside Out—Essays on Themes in the Work of Jerry L. Mashaw, by Jim Tozzi

by Guest Blogger — Wednesday, Feb. 13, 2019

After a number of weekends the Editor has finished reading a very informative book written by a score of talented scholars and edited by Professor Parrillo of Yale University on the works of an administrative law legend, Professor Mashaw. Selfishly we often read articles from the perspective of issues we are working on, in this […]

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The Administrative Conference’s New Sourcebooks

by Chris Walker — Tuesday, Feb. 12, 2019@chris_j_walker

Over at the Administrative Fix Blog hosted by the Administrative Conference of the United States (ACUS), Frank Massaro has this post on ACUS’s New Sourcebooks: In early 2019, ACUS will publish several new sourcebooks that will serve as invaluable resources for understanding the federal government and the diverse work of federal administrative agencies. First, in January […]

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Shaming Big Pharma, by Sharon Yadin

by Guest Blogger — Tuesday, Feb. 12, 2019

Large pharmaceutical companies are difficult to regulate. The major drug companies generate billions of dollars in annual revenues, rendering old-school command-and-control enforcement tools, particularly monetary penalties, largely ineffective. Regulatory shaming is an intriguing new regulatory tactic that is now emerging in the health industry and in other regulated sectors, with the potential to change traditional […]

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New Recommendations and Two (!) Separate Statements (ACUS Update)

by Emily Bremer — Monday, Feb. 11, 2019@emilysbremer

The Administrative Conference recently published its newest slate of recommendations, which the Assembly adopted at its 70th Plenary session, held in December 2018. Two of the recommendations drew separate statements from members of the Assembly.  As I have previously explained, separate statements are permitted by the Administrative Conference Act (5 U.S.C. 595(a)(1)) and the agency’s bylaws, but […]

March 22 Event – 2019 Davis Polk & Wardwell Administrative Law Conference: Regulatory Change & the Trump Administrative State

by Guest Blogger — Monday, Feb. 11, 2019

The Yale Journal on Regulation  invites you to the 2019 Davis Polk & Wardwell Administrative Law Conference:  Regulatory Change & the Trump Administrative State Friday, March 22, 2019 127 Wall Street, New Haven, Connecticut 06511 Please see the agenda below. Breakfast and lunch will be provided. Please register here by March 1, 2019. Panel reading materials and further details will be […]

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Even Worse, Again

by Jill Family — Monday, Feb. 11, 2019

Ten years ago, I wrote about how the problems with immigration adjudication were even worse than previously acknowledged.  Today, the problems are even worse than the even worse of ten years ago.  Substantive immigration law remains harsh as it continues to limit immigration adjudicators from dispensing proportional consequences.  What is even worse:  further diminishment of […]

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Attorney’s Fees When Private Entities Intervene: Detention Watch Network v. ICE

by Bernard Bell — Monday, Feb. 11, 2019

Summary: Last week, a judge held the Government responsible for FOIA plaintiffs’ attorneys’ fees incurred after the Government declined to appeal an adverse judgment and a business entity intervened to pursue the appeal.  Detention Watch Network v. ICE, 2019 WL 442453 (S.D.N.Y. February 5, 2019).  In this post I analyze the decision and discusses its […]

Ferrets Ahead? Trump’s Regulatory “Two-for-One” Litigation Moves on to (at least some measure of) Discovery

by Bridget C.E. Dooling — Saturday, Feb. 9, 2019@BridgetDooling

There was a big development in the litigation challenging Trump’s regulatory “two-for-one” executive order last night. As I blogged about earlier, Judge Moss previously dismissed the case for lack of standing on February 26, 2018. Plaintiffs requested the ability to amend their complaint in light of the opinion, which the government did not oppose. That second […]

Ninth Circuit Review-Reviewed: Panel Sows Confusion on Doctrine for Reviewing Nonlegislative Rules, by William Yeatman

by Guest Blogger — Saturday, Feb. 9, 2019

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to January’s cases. In Gill v USDOJ, the Ninth Circuit made hash of an important administrative law doctrine. To be precise, the panel seems to have either ignored or implicitly […]

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