Monthly Archives: December 2014

Book Review – Supreme Ambitions: A Novel

by Peter Conti-Brown — Friday, Dec. 12, 2014

SPOILER ALERT: This post will discuss some of the late-breaking developments of David Lat’s new novel, Supreme Ambitions: A Novel Forgive the diversion from financial regulation/central banking, but I’ve read David Lat’s Supreme Ambitions , a consuming thriller about—I’m not kidding—judicial law clerks. Since I imagine our readership and Lat’s readership overlap to some extent, […]

Gauging the Fallout from King

by Nicholas Bagley — Thursday, Dec. 11, 2014

I have a new piece at the New England Journal of Medicine, co-authored with David Jones and Tim Jost, that grapples with the practical consequences of a Supreme Court decision against the government in King v. Burwell. As we explain, the fallout could be much worse than is commonly appreciated. In particular, we are not […]

Substance Abuse and Mental Health Services Administration is Wrong About Data Disclosure

by Nicholas Bagley — Thursday, Dec. 11, 2014

The government says that its regulations require it to withhold data. The government is wrong. In the case of the missing substance use data , CMS has fingered a culprit. It’s those pesky regulations: specifically, regulations in Part 2 of Volume 42 of the Code of Federal Regulations. The Substance Abuse and Mental Health Services […]

This entry was tagged .

Scalia & Garner’s Reading Law in the Classroom and in the Real World (AdLaw Bridge Series)

by Chris Walker — Thursday, Dec. 11, 2014@chris_j_walker

Yesterday I blogged about the first half of the Green Bag‘s micro-symposium on Scalia and Garner’s treatise Reading Law: The Interpretation of Legal Texts. That post is here, and the micro-symposium can be downloaded here. My terrific research assistant Andrew Mikac and I contributed a 1,000-word essay to the symposium, focusing on the usefulness of […]

On “On Doctrines That Do Many Things”

by Jeff Pojanowski — Wednesday, Dec. 10, 2014

Last month, UCLA law professor Sam Bray posted his essay, “On Doctrines That Do Many Things.” The essay does not address administrative or regulatory law directly, but it is well worth the read and certainly worth blogging about here for a few reasons. First, the essay is a sadly neglected genre of legal scholarship. There […]

ACUS Recommendations from the 61st Plenary Session, by Chris Walker

by Chris Walker — Wednesday, Dec. 10, 2014@chris_j_walker

Last week the Administrative Conference of the United States (ACUS) held its 61st Plenary Session. I’ve previously blogged about the important work ACUS does for the federal regulatory state. I hope to find more time to blog about the three recommendations ACUS approved — especially the one on retrospective review of agency rules. But for now I’ll just provide […]

This entry was tagged .

The Green Bag’s Micro-Symposium on Scalia and Garner’s Reading Law

by Chris Walker — Wednesday, Dec. 10, 2014@chris_j_walker

Earlier this year the Green Bag — one of my favorite law journals — did a call for papers on Justice Antonin Scalia and Professor Bryan Garner’s treatise Reading Law: The Interpretation of Legal Texts. Scalia and Garner’s Reading Law has been the subject of much praise and criticism since it was published in 2012, with the headline […]

Why is CMS Withholding Substance Use Data from Researchers?

by Nicholas Bagley — Monday, Dec. 8, 2014

According to recent reports, CMS has begun withholding from researchers Medicare and Medicaid claims data relating to substance use diagnoses and related procedures. The agency’s decision will impair research relating not only to substance use, but also any research that depends on unbiased Medicare and Medicaid data. Much of that research is designed to improve […]

Penn Program on Regulation Fellowship: Call for Applications

by Chris Walker — Monday, Dec. 8, 2014@chris_j_walker

The Penn Program on Regulation, which is perhaps best known for its terrific RegBlog, just posted its call for applications for its fellowship program. This program is for aspiring academics who have not yet held a tenure-track position. It seems like a terrific opportunity for anyone aspiring to be an adlaw or regulation law prof […]

This entry was tagged .

Beermann on Ahdieh on Cost-Benefit Analysis in Financial Regulation (AdLaw Bridge Series)

by Chris Walker — Thursday, Dec. 4, 2014@chris_j_walker

Over at the Journal of Things We Like (Lots) — aka Jotwell, the value of which I explain further here —  Jack Beermann has a great review of one of my favorite articles on cost-benefit analysis in financial regulation: Robert Ahdieh‘s Reanalyzing Cost-Benefit Analysis: Toward a Framework of Functions(s) and Form(s), which was published in the NYU Law Review. […]