Monthly Archives: December 2015

​D.C. Circuit Review – Reviewed: Deal or No Deal?

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

Everything I am about to say will be old hat for many readers. Even so, I like to provide public service announcements to law students. In that spirit, here is a valuable lesson: law—or at least the practice of law—is about math. In particular, law revolves around expected value, and by extension decision theory, which […]

The IRS’s Invalid Fee Waiver Regulation

by Andy Grewal — Thursday, Dec. 10, 2015

In my prior post, I considered proposed regulations issued by the Treasury and the IRS regarding management fee waiver transactions. See Treasury Department & IRS, Disguised Payments for Services, 80 Fed. Reg. 43652 (July 23, 2015). To cater to the majority readership of the Yale Journal on Regulation, that post viewed the issue through the lens […]

Do the Banks Own the Federal Reserve? Let’s Finally Make the Answer a Resounding No

by Peter Conti-Brown — Thursday, Dec. 10, 2015

Anyone who has done research on the U.S. Federal Reserve System and who has ventured into an old-fashioned library will notice something remarkable: the shelves in the HG 2500 section of the library veritably groan under the weight of conspiratorial tomes. These range from the absurd (about international cabals that control the Fed and the […]

​Ongoing Interest in Regulatory Cost Budgets

by Jeff Rosen — Thursday, Dec. 10, 2015

This week the Senate Budget Committee held another hearing titled “Moving to a Stronger Economy Through Regulatory Budgeting”. The hearing included three witnesses, including Dr. John Graham, former OIRA Administrator and present Dean of Indiana University’s School of Public and Environmental Affairs; Dr. Jerry Ellig, Senior Research Fellow at George Mason University; and Prof. Robert […]

​Regulatory “Look Back” in Practice: Deployment of the Single Window, by Jeff Weiss

by Guest Blogger — Thursday, Dec. 10, 2015

As the Obama Administration moves into the final stretch of establishing a “Single Window” – an electronic portal through which traders can transmit data required by U.S. agencies for importing and exporting goods — it is worth discussing the pivotal role being played in the Single Window roll-out by retrospective review. The Administration’s retrospective review […]

Impact of 2016 Continuing Appropriations Likely Ending a Day Sooner than Intended, by Sam Wice

by Guest Blogger — Wednesday, Dec. 9, 2015

I previously explained how U.S. Government funding will likely expire at 11:59 p.m. on Thursday, December 10, and not 11:59 p.m. on Friday, December 11, as Congress, the White House, and most commentators believe. With Congress and the President disagreeing on spending provisions such as defunding Planned Parenthood, the Affordable Care Act, and allowing Syrian refugees, […]

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Regulation of the Sharing Economy: Uber and Beyond, by Jack Beermann

by Guest Blogger — Tuesday, Dec. 8, 2015

At the Annual Meeting of the American Association of Law Schools, the Section of Administrative Law and Regulatory Practice of the American Bar Association will be sponsoring a terrific program on regulation of the sharing economy. The program will take place from 6:30 – 9:30 pm on Friday, January 8, including the Reception, in the […]

The IRS’s Attack on Private Equity Firms May Be Doomed

by Andy Grewal — Monday, Dec. 7, 2015

In a prior post, I described some issues related to regulatory severability, that is, a court’s decision to strike or not strike an entire regulation project when it finds that only a portion of it violates the law. In this post, I want to explain how principles of regulatory severability could doom some regulations recently proposed […]

More on Regulatory Severability

by Andy Grewal — Monday, Dec. 7, 2015

In a prior post, I described some issues related to regulatory severability, that is, a court’s decision to strike or not strike an entire regulation project when it finds that only a portion of it violates the law. In this post, I want to explain how principles of regulatory severability could doom some regulations recently proposed […]

D.C. Circuit Review – Reviewed: A Tale of Two Chenerys

by Aaron Nielson — Saturday, Dec. 5, 2015@Aaron_L_Nielson

What a strange world we administrative lawyers call home. Ours is a land where elephants hide inmouseholes, wolves sometimes wear clothes, and some even say that “Article III judges—like jackals stealing the lion’s kill—expropriate some of the power that Congress has wrested from the unitary Executive.” We talk of “Black Monday,” the Headless Fourth Branch, […]