Monthly Archives: September 2014

Administrative Law SSRN Reading List for September 2014

by Christopher J. Walker — Tuesday, Sept. 30, 2014@chris_j_walker

The Social Science Research Network (SSRN) is a terrific resource for current scholarship in a variety of academic fields, and a particularly valuable resource for legal scholarship. It’s also a great way to see other publications and works in progress by a particular scholar, as just about everyone posts their papers on SSRN. So if […]

The Empirical Realities of Agency Interpretive Practice

by Christopher J. Walker — Friday, Sept. 26, 2014@chris_j_walker

As Jerry Mashaw has remarked in the pages of the Administrative Law Review (Vol. 57, p. 537), “Inquiry into the empirical realities of agency interpretive practice can provide a crucial window on [agency statutory interpretation] and an essential step in the assessment of the legitimacy of administrative governance.”  Yet, to date, little work has been done to […]

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Reforming the Fed: Appoint the Reserve Bank Presidents, or Eliminate Them

by Peter Conti-Brown — Friday, Sept. 26, 2014

I had hoped to hold off on posting about Fed governance for a bit—I’m close to finishing the first draft of a book on this topic, called The Structure of Federal Reserve Independence, and will be spending a lot of time blogging about its contents once it hits the shelves in the middle of next […]

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Watts on Seifter on States as Interest Groups in Administrative Law (AdLaw Bridge Series)

by Christopher J. Walker — Thursday, Sept. 25, 2014@chris_j_walker

My guess is that nearly all law professors are familiar with Jotwell—The Journal of Things We Like (Lots), which is hosted online by the University of Miami Law School under the direction of Michael Froomkin.  But I’m also pretty confident that this resource is underutilized—and for the most part unknown—outside of the legal academy.  I […]

Should Agency Officials Tell the Truth?

by Andy Grewal — Thursday, Sept. 25, 2014

The Treasury and IRS have recently suffered some major losses regarding their attempts to regulate tax practitioners.  Earlier this year, in Loving v. IRS, the D.C. Circuit invalidated the entire regulatory regime regarding paid tax return preparers.  And over the summer, in Ridgley v. Lew, the D.C. District Court invalidated some regulatory restrictions on the […]

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Corporate Inversions and in Terrorem Rulemaking

by Andy Grewal — Wednesday, Sept. 24, 2014

This week, the Treasury and IRS released a notice addressing so-called corporate inversions, through which U.S. companies essentially shuffle their legal structures to reduce the amount of income subject to U.S. taxes.  It’s not surprising that this guidance came out, given that President Obama himself has lambasted the alleged “corporate deserters” who have taken advantage […]

Clarifying the Grand Bargain

by Jeff Pojanowski — Monday, Sept. 22, 2014

This is not (yet) the promised elaboration my thoughts on non-delegation and complexity last week, but rather a clarification and response to Chris’s thoughtful engagement with it. It’s clear that I should have been clearer about what I was suggesting. Chris (reasonably) interprets my post as calling for a jettisoning of the non-delegation doctrine along […]

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Response to Jeff Pojanowski on Delegation and Complexity in Administrative Law

by Christopher J. Walker — Monday, Sept. 22, 2014@chris_j_walker

In Jeff’s post last Thursday, he makes the following observation about the continuing role of the nondelegation doctrine in administrative law: Would it make sense, for example, to trade a more vigorously enforceable non-delegation doctrine in exchange for radically lightened notice-and-comment procedural requirements, less monitoring of the use of non-legislative rules, more simplified judicial review […]

Sloppy Drafting and Statutory Interpretation

by Nicholas Bagley — Monday, Sept. 22, 2014

There’s no getting around it. The Affordable Care Act contains some sloppy drafting, most conspicuously in the section governing the calculation of tax credits. For the most part, that sloppiness reflects the intrinsic difficulty of writing a bill to reform a massive, complex health-care system. Yet the ACA also bears the scars of a brutal […]

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