Monthly Archives: November 2014

Introducing Bruce Huber and Yucca Mountain: Not Dead Yet

by Bruce Huber — Friday, Nov. 28, 2014

I’m very happy to join the other contributors to the Yale Journal on Regulation’s Notice and Comment Blog. I am an Associate Professor of Law at Notre Dame, and my research is principally in the areas of environmental and energy regulation, property law, and natural resource management. In several upcoming posts, I hope to explore […]

The IRS’s Judicial Power

by Andy Grewal — Tuesday, Nov. 25, 2014

I’ve previously written about how Section 7805(b)(8) of the tax code may provide relief from King v. Burwell for persons who purchase policies on federal health care exchanges. Although I still believe that Section 7805(b)(8) provides an effective tool for the administration and enrollees, I’ve come to form some questions about its wisdom and possibly […]

Pasachoff on Agency Defunding of Federal Grantees (AdLaw Bridge Series)

by Chris Walker — Tuesday, Nov. 25, 2014@chris_j_walker

Last month 28 Harvard law professors published an op-ed calling on Harvard University to rethink its university-wide sexual harassment policy. As the law professors explained, Harvard’s new sexual harassment policies and procedures “lack the most basic elements of fairness and due process, are overwhelmingly stacked against the accused, and are in no way required by Title […]

Unanimity and Disagreement at the Federal Reserve

by Peter Conti-Brown — Monday, Nov. 24, 2014

It has been a very active couple of weeks for “Club Fed,” the group of scholars, investors, journalists and others who watch the Fed. In what may well be the Senate Democrats’ last Fed-related hurrah, we witnessed a fascinating hearing on the Fed’s supervisory authority, especially as delegated to the twelve quasi-private Federal Reserve Banks […]

Could the Supreme Court Stay King? A qualification.

by Nicholas Bagley — Monday, Nov. 24, 2014

Last week, I wrote that “there would be no legal basis for entering a stay” if the Supreme Court inKing v. Burwell invalidates the IRS’s rule governing the distribution of tax credits. I received some thoughtful pushback on that point, most notably from Will Baude and Andy Grewal. In light of their comments, I want […]

Barnett on Dodd-Frank as an Agency Deference Pioneer (AdLaw Bridge Series)

by Chris Walker — Friday, Nov. 21, 2014@chris_j_walker

This is the second time in the AdLaw Bridge Series where I’m highlighting excellent scholarship inspired by the  Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank). As I mentioned in my prior post and as Paul Rose and I have explored elsewhere ( here and here), Dodd-Frank has raised the stakes for financial regulation […]

Introducing Sam Halabi and International Health Regulations’ Effect on the Ebola Response, Part I

by Sam Halabi — Thursday, Nov. 20, 2014

I’m delighted to join the other contributors to the Yale Journal on Regulation’s Notice and Comment Blog. My academic and professional time is more or less divided between the regulatory activities of the World Health Organization, particularly its activities under the 2005 International Health Regulations (IHR), and agencies under the U.S. Department of Health and […]

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Will the Supreme Court Stay Its Judgment in King v. Burwell for Tax Reasons?

by Andy Grewal — Wednesday, Nov. 19, 2014

In a short forthcoming article, I explain how a government loss in King v. Burwell may create tax problems for persons who purchase policies on the federal exchanges during the current enrollment season. With a loss, enrollees will generally have to pay back the subsidies they received from the government. Also, starting in July 2015, […]

Could the Supreme Court Stay its Decision in King?

by Nicholas Bagley — Wednesday, Nov. 19, 2014

What would happen if the Supreme Court rules for the challengers in King? Not down the line, but immediately? I’ve heard some suggestions that the Court, keen to avoid the upheaval of insurance markets, might enter a stay or otherwise give the administration and Congress time to come up with a fix. That’s wishful thinking. […]

Greve & Parrish on Administrative Law Without Congress (AdLaw Bridge Series)

by Chris Walker — Thursday, Nov. 13, 2014@chris_j_walker

Now that both chambers of Congress are controlled by one party and the presidency by the other, it seems fitting to highlight in the AdLaw Bridge Series this week a terrific paper by Michael Greve and Ashley Parrish entitled “Administrative Law Without Congress: Of Rewrites, Shell Games, and Big Waivers .”  The article will be published in the George […]