Call for (Admin Law) Papers: Fourth Annual Law & Corpus Linguistics Conference

by Aaron Nielson — Friday, Aug. 17, 2018@Aaron_L_Nielson

A colleague asked me to post this because they are particularly interested in administrative law papers: Deadline: October 10, 2018 Event Date: February 7-9, 2019 Location: Brigham Young University, Provo, UT Organization: Brigham Young University Contact: James Heilpern, BYU Law School is pleased to announce the Fourth Annual Law & Corpus Linguistics Conference, to […]

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D.C. Circuit Review – Reviewed: Should There Be A Year Four?

by Aaron Nielson — Friday, Aug. 17, 2018@Aaron_L_Nielson

I started writing D.C. Circuit Review–Reviewed in August of 2015. Each August since, I have asked myself whether it is worthwhile to keep going for another year. So far, my answer has always been, “Sure, why not?” But this year I’m wavering. There are downsides to these posts; they take a lot time, especially during […]

SCOTUSblog: Judge Kavanaugh and Justiciability

by Aaron Nielson — Tuesday, Aug. 14, 2018@Aaron_L_Nielson

A couple of weeks ago at Notice & Comment, Chris Walker flagged his post at SCOTUSblog on Judge Kavanaugh’s approach to administrative law. Today, I have a post over there entitled Judge Kavanaugh and Justiciability. Here is how it begins: The U.S. Court of Appeals for the District of Columbia Circuit is an unusual court. […]

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Trump’s Sabotage of Obamacare Is Illegal

by Nicholas Bagley — Tuesday, Aug. 14, 2018

So runs the headline of an op-ed that I co-authored with Abbe Gluck of Yale Law School in the New York Times. Here’s an excerpt: Never in modern American history has a president so transparently aimed to destroy a piece of major legislation. What makes Mr. Trump’s sabotage especially undemocratic is that Congress has repeatedly […]

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Citizenship and the Census: State of New York v. U.S. Department of Commerce (Round One)(Part III)

by Bernard Bell — Tuesday, Aug. 14, 2018

This is my third post of four posts regarding Secretary of Commerce Wilbur Ross’ March 26, 2018 decision to add a citizenship question to the 2020 decennial census form.  The first post (here) discussed the disposition of the government’s motion to dismiss two suits challenging the decision.  The second post (here) took Secretary Ross’ reasons […]

Reasonable Patent Exhaustion, by Herbert Hovenkamp

by Guest Blogger — Saturday, Aug. 11, 2018

A lengthy tug of war between the Supreme Court and the Federal Circuit Court of Appeals may have ended with Impression Products v. Lexmark (2017). The Supreme Court held that the sale of a patented thing exhausts the patentee seller’s rights to enforce restrictions on that thing through patent infringement suits. Further, the parties cannot […]

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Parrillo on Holding Agency Officials in Contempt of Court

by Chris Walker — Friday, Aug. 10, 2018@chris_j_walker

Yesterday a federal district judge ordered the federal government to return two asylum seekers to the United States that the government had put on a plane to depart from the country. News coverage of the judge’s order has focused on the judge’s threat for compliance: in the event that the Defendants do not fully comply with this […]

Congressional Capacity, “Government Contributions,” and Legislative Branch Spending Visibility

by Matt Glassman — Friday, Aug. 10, 2018@MattGlassman312

Congressional capacity—or the lack thereof—is on the minds of a lot of people in Washington these days, left and right. And almost all of them are very concerned. Flat personal office staffing numbers, combined with an ever-growing elecotrate and radical increase in electronic mail to Congress, has stretched resources thin and forced members to shift […]