Standing and the Emoluments Clause

by Andrew Hessick — Monday, Jan. 23, 2017@andyhessick

Today, a group of constitutional law scholars apparently plan to file a federal lawsuit alleging that President Trump is violating the Emoluments Clause because his hotels are receiving payments from foreign governments.   Although the meaning of the clause is up in the air, roughly speaking the clause prohibits federal officials from taking payments from foreign […]

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Executive actions Trump could take to change the ACA

by Nicholas Bagley — Monday, Jan. 23, 2017

This post was coauthored by Nicholas Bagley and Adrianna McIntyre.  The executive order President Trump signed on Friday does not have any immediate policy effect, but it does call attention to the wide range of administrative actions that a Trump administration could take to change the Affordable Care Act—all without legislation from Congress. We’ve compiled […]

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A Personal Programming Note

by Chris Walker — Monday, Jan. 23, 2017@chris_j_walker

Today I start a semester-long academic fellowship in Senator Orrin Hatch’s Office to work on judicial nominations and regulatory reform legislation. Due to joining the Senate staff, my blogging (and tweeting) will be limited to conform to these new professional obligations (and the Senate ethics rules). For instance, I won’t be blogging about any potential regulatory reform […]

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The Stages of Administrative Law Exceptionalism

by Chris Walker — Saturday, Jan. 21, 2017@chris_j_walker

At the American Bar Association’s annual Administrative Law Conference in December, I had the privilege of moderating a panel entitled Your Agency Is Not That Special: The Decline of Administrative Law Exceptionalism. The panel consisted of leading experts on administrative law exceptionalism from three distinct regulatory fields: Jill Family for immigration, Kristin Hickman for tax, […]

The Trump Executive Order on the ACA

by Nicholas Bagley — Saturday, Jan. 21, 2017

There are some misconceptions floating around about what the executive order does and doesn’t do. Let me try to clarify. As I explained in a post last week, “[a]uthority to implement the ACA … is vested in the Secretaries of HHS, Treasury, and Labor—not the President. In the context of the ACA, an executive order […]

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Watts (and Walker) on Bagley on Administrative Law Remedies (AdLaw Bridge Series)

by Chris Walker — Thursday, Jan. 19, 2017@chris_j_walker

Over at Jotwell, Kathryn Watts reviews my co-blogger Nick Bagley’s latest article, Remedial Restraint in Administrative Law, which is forthcoming in the Columbia Law Review. We need more scholarly discussion on remedies in administrative law — Sam Bray’s new paper on nationwide injunctions comes immediately to mind — and Professor Watts’s review and Nick’s article are terrific […]

How to Avoid a Post-Antibiotic World

by Nicholas Bagley — Thursday, Jan. 19, 2017

Kevin Outterson and I have an op-ed in the New York Times today on combating antimicrobial resistance. Here’s a snippet: [W]e will miss antibiotics when they’re gone. Minor scrapes and routine infections could become life threatening. Common surgeries would start looking like Russian roulette. Gonorrhea and other sexually transmitted infections might become untreatable. Diseases that […]

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Administrative Law SSRN Reading List, December 2016 Edition

by Chris Walker — Tuesday, Jan. 17, 2017@chris_j_walker

Last year was a terrific one for administrative law scholarship! Here is the December 2016 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. Changing Climate Change, 2009-2016: A Preliminary Report by Cass R. Sunstein [CJW Note: This is Professor […]

Dodd-Frank Prohibits Purely Policy-Based Dismissals of the CFPB Director, by Peter M. Shane

by Guest Blogger — Monday, Jan. 16, 2017

In PHH v. CFPB, the D.C. Circuit last October held unconstitutional Congress’s decision via the Dodd-Frank Wall Street Reform and Consumer Protection Act to limit the grounds upon which a president could dismiss the director of the Consumer Finance Protection Bureau. Whether or not that ruling survives, Professors Aditya Bamzai and John F. Duffy have […]

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