Monthly Archives: October 2014

Agency Best Practices: DHS Regulatory Affairs Practice Group Roundtable

by Christopher J. Walker — Monday, Oct. 20, 2014@chris_j_walker

Last Thursday I had the privilege of presenting my empirical study on agency statutory interpretation to roughly fifty agency officials at the U.S. Department of Homeland Security as part of DHS’s Regulatory Affairs Practice Group Roundtable (“DHS Roundtable”), which is sponsored by the DHS Office of General Counsel.  It was a terrific group, and I enjoyed […]

Marouf, Kagan & Gill on Empirical Realities of Immigration Stays (AdLaw Bridge Series)

by Christopher J. Walker — Thursday, Oct. 16, 2014@chris_j_walker

Being at the ABA Administrative Law Conference this week has me thinking more about the terrific empirical work scholars are carrying out to better understand real-world administrative law.  One of my favorite such empirical projects from this year is entitled “Justice on the Fly: The Danger of Errant Deportations” by Fatma Marouf, Michael Kagan , and Rebecca […]

The ABA Administrative Law Fall Conference 2014 Starts Tomorrow

by Christopher J. Walker — Wednesday, Oct. 15, 2014@chris_j_walker

One of the most frequent questions I get from other junior administrative law professors is whether they should attend the Administrative Law Conference held each October and sponsored by the American Bar Association Section of Administrative Law and Regulatory Practice.  My answer is always a resounding YES, and that applies to anyone who researches, teaches, […]

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The Mythology of Walter Bagehot: Part I of II

by Peter Conti-Brown — Wednesday, Oct. 15, 2014

We are not accustomed to thinking of central banks, in their roles as lenders of last resort, as regulators. Regulation means financial regulation, the stuff of notices and comments and final proposed rules and enforcement letters. But while central banks don’t look exactly like other regulators, it is the exercise of governmental power deposited in […]

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The Celebrity Hacking Scandal and HIPAA

by Nicholas Bagley — Wednesday, Oct. 15, 2014

My health law students and I were discussing HIPAA’s Privacy Rule when we got to talking about the iCloud hack of the nude celebrity photos. Although publication of the photos was a grotesque invasion of the celebrities’ privacy, there’s been no big push for the federal government to pass a law requiring Apple to take […]

Sohoni on Agency Powers to Create Privileges (AdLaw Bridge Series)

by Christopher J. Walker — Friday, Oct. 10, 2014@chris_j_walker

This week at the Seventh Annual Junior Faculty Federal Courts Workshop, hosted by the University of Georgia School of Law (with Kent Barnett and Matt Hall as organizers), there have been a number of terrific presentations that attempt to bridge the gap between theory and practice with an obvious focus on court-related topics such as […]

Most Cited Supreme Court Administrative Law Decisions

by Christopher J. Walker — Thursday, Oct. 9, 2014@chris_j_walker

SPOILER ALERT: The most cited Supreme Court administrative law decision of all time is Chevron.  Coming in second place, however, may be a bit more surprising:  It’s the Rehnquist Court’s foundational standing decision Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992).  This should provide more fuel to the fiery debate on whether the signature […]

More on Agency Interpretations of Regulations: Taking Deference Seriously

by Jeff Pojanowski — Wednesday, Oct. 8, 2014

Last week I posted about the Supreme Court’s upcoming cases addressing whether agencies must go through notice-and-comment rulemaking to change previous interpretations of their own regulations. The D.C. Circuit, in its Paralyzed Veterans line of cases, holds that an agency must, reasoning that the agency’s change modifies legal obligations. The bulk of circuit courts, and […]

Judicial Review and Financial Crises, redux: What are we learning from AIG?

by Peter Conti-Brown — Tuesday, Oct. 7, 2014

Back in 2011, I was a guest blogger at the business law blog The Conglomerate. That summer, I wrote the following (it’s long, and I’m going to include it all: the link back to The Conglomerate is here). I repost because the ongoing AIG litigation is providing an example of what I had in mind: the conversion of […]

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