Monthly Archives: February 2015

Remembering Martha Derthick & The Politics of Ideas

by Bruce Huber — Thursday, Feb. 26, 2015

It’s worth taking some time here to note the passing in January of one of the great scholars of regulation and public policy, Martha Derthick (emerita of the University of Virginia Department of Politics). Nice remembrances can be found here, here, and here . Derthick’s work roamed widely through American politics, but of particular relevance […]

The International Health Regulations After Ebola

by Sam Halabi — Thursday, Feb. 26, 2015

Although the sharp drop in the number of new Ebola infections has, worryingly, appeared to level off, the international community has made significant progress toward raising funds toward the response, developing and now undertaking widespread testing of vaccines, and implementing measures meant to control the worldwide spread of the disease. All of this leaves the […]

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Yale Law Journal Series on Cost-Benefit Analysis in Financial Regulation (AdLaw Bridge Series)

by Chris Walker — Tuesday, Feb. 24, 2015@chris_j_walker

The latest issue of the Yale Law Journal (and Yale Law Journal Forum) has a terrific series on the hot topic of cost-benefit analysis in financial regulation. I had planned on featuring John Coates’s important article-length contribution in the AdLaw Bridge Series, but Fabrizio Di Mascio over at the Osservatorio AIR beat me to the punch […]

Agency Interpretation of Admin Law Requirements

by Connor N. Raso — Wednesday, Feb. 18, 2015

When issuing rules, agencies usually avoid the Reg Flex Act (RFA), which requires consideration of regulatory impacts on small businesses and other small entities. My forthcoming article in theAdministrative Law Review explains why and how agencies have avoided providing Reg Flex analyses for over 92 percent of rules. The House recently passed a bill that […]

FERC and Demand Response

by Bruce Huber — Tuesday, Feb. 17, 2015

I’ve been exploring a few issues in energy regulation that Congress is likely to take up this term. Up today: FERC’s efforts to promote demand response in wholesale electricity markets. What is “demand response”? It’s the umbrella term for programs that urge customers to turn off the lights when demand for electricity is extremely high. […]

Title II Reclassification: A Reply to Gus Hurwitz

by Daniel Deacon — Monday, Feb. 16, 2015

It’s nice to have a level-headed debate on the legal arguments at play in the FCC’s upcoming reclassification of broadband ISPs, an issue that often generates more heat than light. And for what it’s worth, I think Gus Hurwitz and I agree on a lot. In particular, I agree with him that a skeptical court […]

Debating Daniel Deacon on Title II Reclassification

by Gus Hurwitz — Wednesday, Feb. 11, 2015

Daniel Deacon’s recent Notice & Comment post does a nice job of laying out the legal basis that will likely be used by FCC Chairman Wheeler’s proposed Open Internet (a/k/a net neutrality) rules. And his analysis of this legal basis reflects conventional wisdom. He is right that it is reasonably likely that the courts will […]

The Administrative Conference of the United States Is Hiring an Attorney Advisor

by Chris Walker — Wednesday, Feb. 11, 2015@chris_j_walker

I’ve previously blogged about the Administrative Conference of the United States (ACUS) here and here, and I’m a big fan of ACUS’s role in bridging the gap between the theory and practice of administrative law and improving administrative governance in the United States. Yesterday ACUS announced that it is looking to hire a new attorney advisor. […]

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O’Connell on Sohoni on The Power to Privilege (AdLaw Bridge Series)

by Chris Walker — Tuesday, Feb. 10, 2015@chris_j_walker

Last fall I featured Mila Sohoni’s then-forthcoming University of Pennsylvania Law Review article, “The Power to Privilege,” in this Administrative Law Bridge Series. My post is here, and the article was published last month and can be downloaded here. In this article, Professor Sohoni explores a recent legislative development—from the Affordable Care Act—where Congress has delegated […]

Title II Reclassification: A Legal Primer

by Daniel Deacon — Monday, Feb. 9, 2015

It’s an exciting time for communications law. Later this month, the FCC is expected to reclassify broadband ISPs like Comcast and Verizon as “telecommunications carriers” subject to the requirements contained in Title II of the federal Communications Act. This action follows on the heels of President Obama’s November plea for reclassification. Supporters of the FCC’s […]