Monthly Archives: August 2015

The Administration’s Frustrating Failure to Nominate a Fed Vice Chair for Bank Supervision

by Peter Conti-Brown — Thursday, Aug. 13, 2015

As the Chair of the powerful Senate Banking Committee, Senator Richard Shelby (R-AL) is one of the most important figures in Washington and Wall Street. Among his targets is reforming the Fed, including the Fed’s governance. Recently, Senator Shelby has announced that he has a bone to pick with the Obama Administration on this score. […]

The D.C. Circuit splits over the ACA and the Origination Clause

by Nicholas Bagley — Tuesday, Aug. 11, 2015

Back in July 2014, a panel of three D.C. Circuit judges on the rejected Sissel v. HHS, the big Origination Clause challenge to the Affordable Care Act. In the plaintiffs’ view, the ACA didn’t comply with the Origination Clause, which requires all bills for raising revenue to “originate” in the House of Representatives. As such, […]

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State Litigation Against Presidential Administration

by Seth Davis — Tuesday, Aug. 11, 2015

Sometimes a gridlocked Congress means that an energized President and ambitious state lawmakers compete to solve the Nation’s social problems. But this competition may not make for innovative solutions. Instead, it may make more for more gridlock. Consider Texas v. United States. There a cadre of states have sued to stop President Obama’s deferred action […]

D.C. Circuit Review – Reviewed: Obamacare Round 3?

by Aaron Nielson — Monday, Aug. 10, 2015@Aaron_L_Nielson

So I am the newest contributor to this blog. I teach administrative law and federal courts at Brigham Young University. I plan on blogging about D.C. Circuit administrative law decisions in a regular feature dubbed D.C. Circuit Review – Reviewed. The feature will begin later this month. Today, however, merits a special post. Friday morning […]

The Tax Court May Have Bailed Out Private Equity Firms

by Andy Grewal — Thursday, Aug. 6, 2015

In my prior post, I discussed how the IRS has flouted the Administrative Procedure Act in issuing proposed regulations regarding tax-motivated “fee waiver” transactions undertaken by private equity firms. Although the IRS has long disregarded the democratic safeguards otherwise assured by the APA, it has generally faced little consequences for its actions. For example, tax […]

Wallach vs. Conti-Brown on the Fed and Lehman: What did we learn?

by Peter Conti-Brown — Wednesday, Aug. 5, 2015

Pardon my long hiatus from blogging. The reason was a move, from Princeton, NJ where I was working (and will continue to work) on my PhD in financial history, to Philadelphia, PA, where I am now an assistant professor at Wharton/Penn, teaching in the Legal Studies and Business Ethics Department (those who follow any aspect […]

Administrative Law SSRN Reading List, July 2015 Edition

by Chris Walker — Monday, Aug. 3, 2015@chris_j_walker

Here is the July 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. I may as well retitle this post the Cass Sunstein Edition, as three of the top five papers are authored by Professor Sunstein. [Aside: When I worked as a […]