Monthly Archives: October 2015

D.C. Circuit Review – Reviewed: Out with the Old (and In With the Older?)

by Aaron Nielson — Saturday, Oct. 17, 2015@Aaron_L_Nielson

Once again, there was not a lot of action at the D.C. Circuit this week, at least in terms of opinions, as no new ones were released. Like the Supreme Court, the D.C. Circuit (generally) stops hearing cases before the summer. Then in the fall it starts again. So soon, the court will start issuing […]

DHS Proposes Changes to the Freedom of Information Act, by Elisabeth Ulmer

by Guest Blogger — Saturday, Oct. 17, 2015

On July 29, 2015, the Department of Homeland Security (“DHS”) proposed a rule to amend its regulations under the Freedom of Information Act (“FOIA”). The DHS states that it would like “to update and streamline the language of several procedural provisions, and to incorporate changes brought about by the amendments to the FOIA under the […]

Should Judges Who Sit on the Sentencing Commission Rule on the Legality of Sentencing Guidelines?

by Andrew Hessick — Thursday, Oct. 15, 2015@andyhessick

A few weeks ago, in United State v. Matchett, the Eleventh Circuit rejected a void for vagueness challenge to the career offender Sentencing Guideline, U.S.S.G. § 4B1.2(a)(2), which contains language that is identical to statutory language in 18 U.S.C. § 924(e)(2)(B). The U.S. Supreme Court found that statutory language to be unconstitutionally vague at the […]

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D.C. Circuit Review – Reviewed: The Frank Easterbrook Edition

by Aaron Nielson — Saturday, Oct. 10, 2015@Aaron_L_Nielson

Judge Frank Easterbrook is an extraordinary jurist. He’s prolific; influential*; and scholarly. He also wields a sharp pen (e.g., “This case pits the twenty-first amendment, which appears in the Constitution, against the ‘dormant commerce clause,’ which does not.”). Even if you disagree with him, he always has interesting things to say. And that includes his […]

The DOJ OLC College of Law [updated 10/9]

by Chris Walker — Friday, Oct. 9, 2015@chris_j_walker

On the administrative law professor email listserv, my colleague Peter Shane sparked an intriguing discussion about the impact of the Justice Department’s Office of Legal Counsel (OLC) on administrative law scholarship and the legal academy more generally. With permission, I’m reprinting a (slightly edited) version of his initial email to the listserv: I recently received […]

Yet Another Illegal ACA Tax Regulation

by Andy Grewal — Thursday, Oct. 8, 2015

I have previously written about various IRS regulations that contradict the clear language of tax code Section 36B. I recently re-examined the regulations and was only mildly surprised to find another provision that plainly exceeds the IRS’s rulemaking powers. Here, the IRS has simply discarded the statute’s joint return requirement for a segment of taxpayers […]

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Administrative Law SSRN Reading List, September 2015 Edition

by Chris Walker — Thursday, Oct. 8, 2015@chris_j_walker

Here is the September 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. Here’s the top ten: 1. Prosecutorial Constitutionalism by Eric S. Fish 2. Is the Chief Justice a Tax Lawyer? by Stephanie R. Hoffer and Christopher J. […]

No One Should Be Waiting in Lines (or the Power of Regulatory Design)

by Aaron Nielson — Tuesday, Oct. 6, 2015@Aaron_L_Nielson

Yesterday the Supreme Court made this rule change: “Beginning in October Term 2015, only Bar members who actually intend to attend argument will be allowed in the line for the Bar section; ‘line standers’ will not be permitted.” Orin Kerr asks “Why have different rules for the Bar line and the public line?” And I’m […]

AALS Journal of Legal Education Symposium on Legislation and Regulation in 1L Curriculum

by Chris Walker — Tuesday, Oct. 6, 2015@chris_j_walker

Last week the Journal of Legal Education, which is the official legal pedagogy journal of the Association of American Law Schools (AALS), published a terrific symposium issue on legislation and regulation in the first-year law school curriculum. It’s great to see the issue in print. You can access the full version for free here. The live symposium was […]