Monthly Archives: November 2015

The MSPB Issues an Interim Final Rule Regarding their Discovery Procedures, by Carl Hobbs

by Guest Blogger — Friday, Nov. 13, 2015

On Friday, October 30, 2015, in the Federal Register, the Merit Systems and Protection Board (MSPB) today issued an interim final rule, to amend its rules of practice and procedure. The interim final rule clarifies that parties have a right to discovery under the MSPB’s existing discovery procedures in compliance proceedings. The MSPB explained that […]

D.C. Circuit Review – Reviewed: Why Regulation is a Dirty Word

by Aaron Nielson — Saturday, Nov. 7, 2015@Aaron_L_Nielson

Who doesn’t love a great headline? Years will go by without so much as a single thought about Elvis Costello crossing my mind, but yet when I read a headline like “When Elvis Costello Was Cruel,” I click. Funny headlines are great too: “Big Rig Carrying Fruit Crashes on 210 Freeway, Creates Jam.” And some […]

Administrative Law SSRN Reading List, October 2015 Edition

by Chris Walker — Friday, Nov. 6, 2015@chris_j_walker

Here is the October 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 Bill Funk. Here’s the top ten: 1. Enforcement Discretion at the SEC by David T. Zaring (Texas Law Review forthcoming) [CJW: As I’d expect from anything Zaring writes, […]

Regulation is a Dirty Word

by Bruce Huber — Thursday, Nov. 5, 2015

I’m sure that readers of the Yale Journal of Regulation (and its blog) have by now realized that the Journal’s central subject is under sustained attack. Ben Carson, during last week’s debate among the GOP presidential contenders, had this to say about regulation: And — and — you know, it goes back to the whole […]

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Walker on O’Connell and Fringe Administrative Law (AdLaw Bridge Series)

by Chris Walker — Thursday, Nov. 5, 2015@chris_j_walker

Last week Jotwell—the Journal of Things We Like (Lots)—posted my review of Anne O’Connell’s terrific article Bureaucracy at the Boundary, which was published in the University of Pennsylvania Law Review last year. I’m not alone in heaping praise on this article, as the American Bar Association just named it the best work of administrative law […]

2016 Continuing Appropriations Likely Ends a Day Sooner than Intended, by Sam Wice

by Guest Blogger — Thursday, Nov. 5, 2015

Even though Congress recently agreed to a two-year budget deal, it still has to pass an appropriations act by mid-December — budgets determine the maximum amount Congress can fund the government, while appropriations actually fund the government. With a new Speaker of the House and Republicans wanting to defund Planned Parenthood, Congress and the President […]

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FDA and Global Administrative Law

by Sam Halabi — Monday, Nov. 2, 2015

In 2005, Benedict Kingsbury, Nico Krisch, and Richard Steward published their foundational article,The Emergence of Global Administrative Law, in which they argued that a discrete if amorphous body of law existed comprised of transgovernmental regulation and administration “designed to address the consequences of globalized interdependence in such fields as . . . environmental protection . […]

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