Monthly Archives: September 2015

King v. Burwell: Is the Chief Justice a Tax Lawyer?

by Chris Walker — Monday, Sept. 14, 2015@chris_j_walker

As Andy noted in his post last week, the Pepperdine Law Review will be publishing soon a symposium on the implications of King v. Burwell on tax law and administration.  In his contribution, Andy asks: Where Were the Tax Professors? In our contribution, my tax prof colleague Stephanie Hoffer and I focus on the reasoning of the majority […]

D.C. Circuit Review – Reviewed: The Future of Administrative Law?

by Aaron Nielson — Friday, Sept. 11, 2015@Aaron_L_Nielson

D.C. Circuit Review – Reviewed is designed to help you keep track of the nation’s “second most important court.” Think Relist Watch, but for D.C. Circuit opinions. In just five minutes a week, you too can follow this court. Alas, the D.C. Circuit did not issue any opinions this week. So, this week only, feel […]

King v. Burwell: Where Were the Tax Professors?

by Andy Grewal — Friday, Sept. 11, 2015

As regular readers know, Notice & Comment was a go-to source for commentary on King v. Burwell. I thus thought that readers might be interested in my recent symposium essay, King v. Burwell: Where Were the Tax Professors?. I’ve reproduced the abstract below and the full piece can be downloaded here: King v. Burwell drew unusually […]

Oh boy. Here we go again

by Nicholas Bagley — Thursday, Sept. 10, 2015

A district court in Washington, DC ruled Wednesday that the House of Representatives has standing to bring a lawsuit alleging that the Obama administration is spending federal money to finance the ACA, absent a congressional appropriation. As I’ve explained , the stakes of the lawsuit are high—not as high as King v. Burwell, but nothing […]

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My ACUS Report on Federal Agencies in the Legislative Process

by Chris Walker — Wednesday, Sept. 9, 2015@chris_j_walker

Last week the Administrative Conference of the United States posted a draft of my report entitled Federal Agencies in the Legislative Process: Technical Assistance in Statutory Drafting. This report builds on the empirical survey work I conducted a couple years ago on federal agency rulemaking and agency statutory interpretation, which culminated in an article published in […]

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A Yucca Mountain Update

by Bruce Huber — Monday, Sept. 7, 2015

I’ve previously written here about some of the craziness surrounding Yucca Mountain, the once-and-future federal nuclear waste repository in Nye County, Nevada. That was the better part of a year ago, and it’s time for an update. First, a brief refresher. Since about the 1960s, nuclear power has been a substantial piece of the electricity […]

Administrative Law SSRN Reading List, August 2015 Edition

by Chris Walker — Monday, Sept. 7, 2015@chris_j_walker

Here is the August 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. There are some really, really terrific articles here, a number of which are on my list to highlight in theAdministrative Law Bridge Series. I’ve included some […]

D.C. Circuit Review – Reviewed: The Second Most Important Court?

by Aaron Nielson — Friday, Sept. 4, 2015@Aaron_L_Nielson

Conventional wisdom proclaims the D.C. Circuit to be “ the second most important court .” (Sometimes it’s even called “the second most powerful court.”) The Washington Post says it; the New York Times says it; even media outlets halfway around the world say it. But is it true? There is a good argument that the […]

ACUS Requests for Proposals

by Aaron Nielson — Wednesday, Sept. 2, 2015@Aaron_L_Nielson

A couple of weeks back I flagged that ACUS is hiring. Well, today I have learned that the Administrative Conference of the United States is also requesting proposals for a study examining the use of electronic case management in agency adjudication. Here’s the link. Proposals are due on October 2, 2015. If you study agency […]