Monthly Archives: March 2016

Gonzales & Glen on Immigration and Attorney General Referral Authority (AdLaw Bridge Series)

by Chris Walker — Thursday, Mar. 31, 2016@chris_j_walker

Earlier this week the State Respondents filed their merits brief in United States v. Texas—the challenge to the Obama Administration’s executive actions on immigration the Supreme Court will hear in April. In light of this important case, it seems fitting to highlight a new article just published in the Iowa Law Review by former Attorney […]

Zika’s Coming and We Aren’t Ready

by Nicholas Bagley — Wednesday, Mar. 30, 2016

If you’re worried about Zika’s arrival in the United States—and you should be—Laurie Garrett has a must-read article at Foreign Policy on the fecklessness of national political leaders and the appalling lack of preparation in the cities that will be hardest hit. [W]hat Congress fails to recognize is that most aspects of public health, especially […]

The Good, the Bad, and the Ugly of Recent Regulatory Reform Efforts (Part I), by Satya Thallam

by Guest Blogger — Tuesday, Mar. 29, 2016

First, a note on jurisdiction. When trying to track the Senate’s regulatory reform efforts, you have to know where to look. Whereas most APA-focused legislation in the House is referred to the Judiciary Committee, in the Senate that place is the Homeland Security and Governmental Affairs Committee(HSGAC). There’s a long and (to some of us) […]

Hickman and Thomson on Post-Promulgation Notice-and-Comment Rulemaking (AdLaw Bridge Series)

by Chris Walker — Saturday, Mar. 26, 2016@chris_j_walker

Earlier this year my co-blogger Nick Bagley argued that there was “no harm, no foul” in the Obama Administration foregoing notice-and-comment rulemaking with respect to the executive actions on immigration. The Obama Administration provided notice, he argued, by “leak[ing] the proposal to the national media and [holding] a Rose Garden press conference.” The public had […]

The Three Waves of Professionalization at the Federal Reserve: the Role of the Lawyers

by Peter Conti-Brown — Wednesday, Mar. 23, 2016

Most of official Washington is focused on the vacancy at the Supreme Court, but for watchers of financial regulation and central banking a new vacancy is surely more important: Thomas Baxter, the long-time general counsel at the Federal Reserve Bank of New York has announced his retirement. He’s a New York Fed lifer—his retirement comes at […]

Tomorrow’s Administrative Law Review Symposium: The State of Chevron

by Chris Walker — Wednesday, Mar. 23, 2016@chris_j_walker

The Administrative Law Review, which is the official journal of the ABA Section of Administrative Law and Regulatory Practice, will be hosting its annual symposium tomorrow (Thursday, 3/24) afternoon from 2-5 p.m. at the American University Washington College of Law in Washington, DC (4300 Nebraska Ave. NW). The symposium is entitled The State of Chevron: […]

Legislative Efforts to Overturn Chevron

by Andrew Hessick — Saturday, Mar. 19, 2016@andyhessick

Chevron deference is a central feature of administrative law. But criticism of the doctrine has grown recently. One prominent example comes from Justice Thomas’s concurrence last year in Michigan v. EPA, which argued that Chevron deference is inconsistent with the Constitution. Although other justices have said that agencies have grown too powerful, none of those […]

Zaring on SEC Adjudication (AdLaw Bridge Series)

by Chris Walker — Saturday, Mar. 19, 2016@chris_j_walker

The constitutionality of in-house adjudications by the Securities and Exchange Commission has beenin the news of late, and the U.S. Chamber of Commerce has made a number of recommendations to improve SEC adjudications, including that individuals and organizations be able to remove the SEC in-house adjudication to federal court. David Zaring has a great new […]