Monthly Archives: December 2015

The Tax Court and the Administrative State: Congress Responds to the D.C. Circuit’s Decision in Kuretski, by Stephanie Hoffer and Chris Walker

by Chris Walker — Tuesday, Dec. 29, 2015@chris_j_walker

Congress recently passed its annual “tax extender” legislation: the Protecting Americans from Tax Hikes Act of 2015 (PATH Act) . Although the bulk of the PATH Act extends a variety of tax breaks, as Daniel Hemel notes over at the University of Chicago Law School Faculty Blog the last few pages of the more-than-two-hundred-page bill attempt […]

D.C. Circuit Review – Reviewed: Lies We Tell Our Children

by Aaron Nielson — Saturday, Dec. 26, 2015@Aaron_L_Nielson

Here’s a new Christmas experience: This year, I had to check with the federal government to make sure that “Santa’s” gift for my young son is legal. You see, I bought him a toy helicopter. It turns out that is now called a drone. And it also turns out that the FAA has begun regulating […]

New ABA Administrative Law Section Resolution on Improving the APA

by Connor N. Raso — Saturday, Dec. 19, 2015

The ABA’s Section of Administrative Law and Regulatory Practice recently approved a report and resolution on improving the APA’s rulemaking provisions. The Section believes that while the basic chassis of the APA has been shown to be fundamentally sound, a variety of updates deserve serious consideration. The resolution proposes reforms to modernize the Act that […]

D.C. Circuit Review – Reviewed: The Fall of Constantinople (Or Why Mistakes Matter—Sometimes)

by Aaron Nielson — Friday, Dec. 18, 2015@Aaron_L_Nielson

This is a foolish way to start a sentence, especially one published on the internet: “I’m no military historian, but ….” After all, there are lots of actual military historians out there, and they often have strong opinions on the subject. Even so, I’ll chance it. I’m no military historian, but it seems to me […]

Administrative Law SSRN Reading List, November 2015 Edition

by Chris Walker — Thursday, Dec. 17, 2015@chris_j_walker

Albeit a little later than usual, here is the November 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. Before turning to this month’s top ten list, it’s worth noting—especially for adlaw geeks who are interested in environmental […]

If Prices Are a Problem, ERISA is Not the Solution

by Nicholas Bagley — Wednesday, Dec. 16, 2015

Yesterday, the internet caught fire with a new study drawing attention on the prices that we pay for health-care services. Contrary to expectations in some quarters, low Medicare spending doesn’t correlate at all with low spending in the private market. Instead, variations in private spending are driven mainly by variations in prices—and prices, in turn, […]

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GAO Finds EPA Actions in WOTUS Rulemaking to Violate Anti-Propaganda and Anti-Lobbying Prohibitions, by Jeffrey S. Lubbers

by Guest Blogger — Wednesday, Dec. 16, 2015

There was an interesting development yesterday in the controversy over EPA’s aggressive social media campaign in support of its “Waters of the United States” rule. This rulemaking, conducted in conjunction with the Army Corps of Engineers, on was the subject of a panel at the recent ABA Adlaw Section Fall meeting. The Final Rule was […]

​The Congressional Review Act Revisited

by Jeff Rosen — Monday, Dec. 14, 2015

This month the House of Representatives passed two resolutions under the Congressional Review Act (5 USC 801, et seq .) that disapproved of EPA’s recent rules for greenhouse gases from new and existing power plants. S.J. Resolutions 23 and 24. These two resolutions had already passed the Senate on November 17, 2015. The vote in […]

More on the Intersection of Qualified Immunity and Administrative Law

by Aaron Nielson — Monday, Dec. 14, 2015@Aaron_L_Nielson

A while back I mentioned a new project that Chris Walker and I are working on that applies administrative law principles to the Supreme Court’s new procedural rules for qualified immunity. Those who are interested in the topic should check out Nancy Leong’s (very generous) review in Jotwell, available here. (Quick preview: “The article should stand […]

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Call for Papers: Inaugural Administrative Law New Scholarship Roundtable

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

Following the lead of terrific roundtables/workshops in other fields of law (federal courts, civil procedure, etc.), I’m excited to announce the inaugural Administrative Law New Scholars Roundtable, which will take place next summer with a call for papers deadline in the spring. The first year’s host will be Michigan State. Here are the full details […]