Monthly Archives: February 2015

Respecting the States

by Nicholas Bagley — Monday, Feb. 9, 2015

One of the strangest things about King v. Burwell is the challengers’ claim that the ACA clearly withholds tax credits from states that refused to set up exchanges. When asked why on earth Congress would do such a thing, the challengers insist that Congress badly wanted the states to establish their own exchanges. The tax […]

Shah on Interagency Adjudication Coordination (AdLaw Bridge Series)

by Christopher J. Walker — Saturday, Feb. 7, 2015@chris_j_walker

A hot topic in administrative law is how to deal with congressional delegation of lawmaking authority to multiple agencies—with Jody Freeman and Jim Rossi’s terrific 2012 article coming immediately to mind. Most of this inquiry has focused on agency rulemaking and the role of the President (via the OMB/OIRA) in coordinating multi-agency regulatory efforts. So […]

The Shadow of a Treaty in Garcia v. Google

by Margot Kaminski — Thursday, Feb. 5, 2015

On December 15th, the Ninth Circuit heard en banc oral arguments in a contentious copyright case:Garcia v. Google. The core questions in the case are interesting enough: whether performer Cindy Lee Garcia can claim copyright protection for her five-second performance in the film Innocence of Muslims, and whether Google should consequently be enjoined from showing […]

Administrative Law SSRN Reading List, January 2015 Edition

by Christopher J. Walker — Thursday, Feb. 5, 2015@chris_j_walker

Here is the January 2015 Edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN ‘s U.S. Administrative Law eJournal, which is edited by William Funk. For more on why SSRN and this eJournal are such terrific resources for administrative law scholars and practitioners, check out my first post on the […]