D.C. Circuit Review – Reviewed: Breaking News (From About Three Weeks Ago)

by Aaron Nielson — Saturday, Feb. 18, 2017@Aaron_L_Nielson

One of the most important cases the D.C. Circuit decided last year was the so-called Amtrak case. As I mentioned last month, the government’s cert petition was due February 6th. No petition, however, was filed. Instead, the United States determined that it would not seek certiorari at all. Accordingly, the panel decision — with its […]

Who are “Officers of the United States”?

by Aaron Nielson — Thursday, Feb. 16, 2017@Aaron_L_Nielson

The D.C. Circuit just granted en banc review in Raymond J. Lucia Companies, Inc. v. SEC. I’ve discussed this case before. In short, the full D.C. Circuit (minus Chief Judge Garland) will decide whether the SEC’s administrative law judges are “employees” or “inferior officers.” If the ALJs are mere employees, then the manner of their […]

Why the federal government must take the lead on reform.

by Nicholas Bagley — Thursday, Feb. 16, 2017

In yesterday’s post on my new draft essay, Federalism and the End of Obamacare, I emphasized the benefits of returning more regulatory authority to the states. Today, I’d like to draw out a different point: the need for the federal government to take the lead when it comes to financing health reform. The states face […]

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Federalism and the End of Obamacare

by Nicholas Bagley — Wednesday, Feb. 15, 2017

That’s the title of my new essay, which the Yale Law Journal Forum has published in draft form. Here’s the abstract. Federalism has become a watchword in the acrimonious debate over a possible replacement for the Affordable Care Act (ACA). Missing from that debate, however, is a theoretically grounded and empirically informed understanding of how […]

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Conference on Hill 3/2: The Time for Regulatory Reform in Congress

by Chris Walker — Tuesday, Feb. 14, 2017@chris_j_walker

On March 2, 2017, the Center for the Study of the Administrative State is hosting a public policy conference on the Hill entitled The Time for Regulatory Reform in Congress. The Center’s director Neomi Rao and I have organized this event, and it should be a lot of fun. It’s free, with food, so register here. […]

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Disrupting Immigration Sovereignty, by Jill E. Family

by Guest Blogger — Tuesday, Feb. 14, 2017

It is time to rethink legal and popular notions of immigration sovereignty. In the 19th Century, the Supreme Court depicted immigration as a threat to national sovereignty. It did so to support its conclusion that the political branches (Congress and the President) had extra-constitutional power over certain aspects of immigration law. In explaining why the […]

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A congressional inquiry into orphan drugs

by Nicholas Bagley — Monday, Feb. 13, 2017

In response to a scathing report by Kaiser Health News, Senator Charles Grassley has announced an inquiry into the exorbitant prices for orphan drugs. Now seems like a good time to highlight my series, published at The Incidental Economist, on how to think straight about orphan drugs: Background on orphan drugs and the Orphan Drug […]

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Can Congress Get President Trump’s Tax Returns?

by Andy Grewal — Monday, Feb. 13, 2017

During the 2016 election, Donald Trump became the first major Presidential candidate in recent history to refuse to disclose his tax returns, citing ongoing IRS audits. Since taking office, President Trump has indicated that he will continue to keep his tax returns secret, arguing that only the media, and not the voters, care about them. […]

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New Yale JREG Online Essay: No Country for Cybersecurity Arbitrage, by Eli Greenbaum

by Guest Blogger — Sunday, Feb. 12, 2017

Anti-circumvention technologies were most probably not high on President Trump’s mind when he withdrew the United States as a signatory to the Trans-Pacific Partnership (TPP) last month. The TPP, as with a number of other multilateral and bilateral treaties to which the United States is a party, includes prohibitions on the circumvention of “effective technological […]

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Call for Papers: Second Annual Administrative Law New Scholarship Roundtable

by Chris Walker — Saturday, Feb. 11, 2017@chris_j_walker

My colleague Peter Shane and I are hosting the Second Annual Administrative Law New Scholarship Roundtable here at The Ohio State University on June 27-28, 2017. We just issued the call for papers (really, call for abstracts), with a deadline of March 17th.  Last year’s inaugural roundtable at Michigan State was a terrific event. I’ve cross-posted […]

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