Monthly Archives: October 2015

D.C. Circuit Review – Reviewed: Criminal Law Exceptionalism?

by Aaron Nielson — Saturday, Oct. 31, 2015@Aaron_L_Nielson

The D.C. Circuit issued two opinions this week. The first—American Institute of Certified Public Accounts v. IRS—is a typical administrative law case. By contrast, the second— United States v. Ortega-Hernandez —seems like anything but an administrative law case; it is a criminal appeal involving a guilty plea. But pause for a moment: Why isn’t the […]

Registering voters through HealthCare.gov

by Nicholas Bagley — Thursday, Oct. 29, 2015

In an open letter, a coalition of voting rights advocates has accused the Obama administration of breaking the law by failing to use the federal exchanges—those run through HealthCare.gov—to help people register to vote. I don’t think that’s right, but the letter nonetheless raises an important question: Even if it’s not legally mandated, why shouldn’t […]

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Can’t Miss AdLaw Event This Week: ABA’s Annual Administrative Law Conference

by Chris Walker — Saturday, Oct. 24, 2015@chris_j_walker

If you’re interested in administrative law and regulatory practice (which I assume you are if you’re reading this blog) and you’re in DC (or even if you’re not), I hope you’re planning to attend the Annual Administrative Law Conference hosted by the American Bar Association’s Section of Administrative Law and Regulatory Practice. The program takes […]

D.C. Circuit Review – Reviewed: A War Court

by Aaron Nielson — Friday, Oct. 23, 2015@Aaron_L_Nielson

“Each of the federal circuit courts of appeals has its own unique character,” John G. Roberts, Jr., onceobserved, shortly before he became the nation’s Chief Justice. “For example, I am sure you are familiar with the tradition in the Court of Appeals for the Fourth Circuit, where at the end of oral argument the judges […]

What Regulatory Reform Legislation Might Pass This Congress?

by Connor N. Raso — Thursday, Oct. 22, 2015

House and Senate committees have been doing a fair bit of work behind the scenes on regulatory reform legislation lately. This post focuses on the legislation that appears to have the greatest odds of being enacted into law and outlines a possible path forward. On October 7, 2015, the Senate Homeland Security & Governmental Affairs […]

Update on FDA Tobacco Litigation

by Micah Berman — Thursday, Oct. 22, 2015

On Wednesday, I spoke on a panel at the Food & Drug Law Institute’s FDA Regulation of Tobacco Products Conference. I provided an update on two pending lawsuits involving industry challenges to FDA’s tobacco-related actions. (My slides, as well as those of the other presenters, can be downloaded from the conference link.) The first case, […]

Update on FDA Tobacco Litigation

by Micah Berman — Thursday, Oct. 22, 2015

On Wednesday, I spoke on a panel at the Food & Drug Law Institute’s FDA Regulation of Tobacco Products Conference. I provided an update on two pending lawsuits involving industry challenges to FDA’s tobacco-related actions. (My slides, as well as those of the other presenters, can be downloaded from the conference link.). The first case, […]

Administrative Law meets Qualified Immunity

by Aaron Nielson — Wednesday, Oct. 21, 2015@Aaron_L_Nielson

Before entering the academy, I had an idea: Why not apply administrative law principles to certiorari? Whether to grant cert is a discretionary decision; administrative law is concerned, perhaps above all else, with how to manage the dangers and benefits of discretion; why not then apply the lessons from administrative law to certiorari? After a […]

Using Tax Exceptionalism to Beat Microsoft

by Andy Grewal — Tuesday, Oct. 20, 2015

In a prior post, “The IRS’s Mercenaries,” I explained how the IRS has taken extraordinary steps to battle Microsoft over the tax consequences of some of the company’s international transactions. In short, the IRS hired a private law firm to perform some audit and litigation related functions, and a federal district court is currently examining […]