Monthly Archives: March 2016

D.C. Circuit Review – Reviewed: More Brooding Spirits, C.J. Garland Edition

by Aaron Nielson — Friday, Mar. 18, 2016@Aaron_L_Nielson

On one hand, this was a quiet week in the D.C. Circuit; there were just two opinions, neither of which is that significant (though one is noteworthy for jurisdiction hawks).* On the other hand, President Obama nominated Chief Judge Garland to serve on the Supreme Court. So on net, it’s fair to say that this […]

The FCC’s Upcoming Privacy Rules and the Fragmentation of Internet Regulation

by Daniel Deacon — Wednesday, Mar. 16, 2016

Last week, the Federal Communications Commission announced that it would soon release an NPRM on consumer privacy. According to the Commission’s “fact sheet,” the Notice will propose a number of requirements on broadband Internet Service Providers, including an obligation not to share customer information with non-affiliated services without first obtaining the customer’s express consent. I […]

D.C. Circuit Review – Reviewed: Brooding Spirits, C.J. Garland Edition

by Aaron Nielson — Wednesday, Mar. 16, 2016@Aaron_L_Nielson

A couple of months back, I offered the following rule of thumb: “If you want to understand an appellate judge, don’t spend too much time on majority opinions,” but instead “look to his or her separate writings.” It is in those opinions—opinions a judge doesn’t have to write—that one best observes a judge trying to […]

To Federal Court and NAFTA?: Implications of the Dual Challenge to the U.S. Decision on Keystone XL, by JREG

by Guest Blogger — Tuesday, Mar. 15, 2016

The challenges to the denial of the Keystone XL pipeline simultaneously in both U.S. Federal Court and through the North American Free Trade Agreement’s (NAFTA) investment chapter raise issues regarding how challenges to U.S. regulatory actions might be handled in international arbitration and the future of new trade agreements. The Administrative Law Section Energy Committee, […]

Whoever has the Power, Remember the Procedure, by Jill Family

by Guest Blogger — Monday, Mar. 14, 2016

Procedural fairness is not a policy priority in immigration law. Yes, the Supreme Court will hear oral argument soon in Texas v. United States, a case that raises questions about whether the Department of Homeland Security used appropriate procedures in formulating a prosecutorial discretion plan. In that case, some states are challenging the policy, arguing […]

D.C. Circuit Review – Reviewed: “An extraordinary number of people, institutions, and inanimate objects have wronged Tyrone Hurt ….”

by Aaron Nielson — Sunday, Mar. 13, 2016@Aaron_L_Nielson

I remember well the indignation I felt when I first learned about unpublished decisions. The idea that an appellate court in a common-law system can issue a decision that “carries no precedential force“—an opinion good for one case only—struck me as scandalous. The rule of law, I felt, depended on precedential effect. But then I […]

Regulatory Reform Legislation, Where Do Things Stand?

by Jeff Rosen — Saturday, Mar. 12, 2016

Regulatory reform legislation has been a lively topic, and is likely to remain so. Next Tuesday, a panel featuring four senior House and Senate professional staff members will address “Congressional Interest in Regulatory Reform” during the 12th Annual Administrative Law Institute in Washington, D.C. And next Wednesday, the Hoover Institute and the ABA Section of Administrative […]

Administrative Law Professors’ Amicus Brief in United States v. Texas

by Christopher J. Walker — Saturday, Mar. 12, 2016@chris_j_walker

Earlier this week my co-blogger Michael Kagan had a great post on the Federal Government’s opening brief in United States v. Texas—the Supreme Court case regarding the Obama Administration’s executive actions on immigration that will be argued in April. I wanted to highlight one of the amicus briefs in support of the United States by […]

Rao on Delegation’s Demise of the Collective Congress (AdLaw Bridge Series)

by Christopher J. Walker — Friday, Mar. 11, 2016@chris_j_walker

Next week I will be presenting my Legislating in the Shadows project as part of a research roundtableat George Mason’s new Center for the Study of the Administrative State, which is directed by Neomi Rao. To mark the occasion, I thought I’d highlight Professor Rao’s terrific new article Administrative Collusion: How Delegation Diminishes the Collective […]

ABA-Hoover Conference: “The Second Hoover Commission’s 60th Anniversary: Lessons for Regulatory Reform” — with Keynote Address by Sen. Orrin Hatch (March 16), by JREG

by Guest Blogger — Thursday, Mar. 10, 2016

It’s often said that “history doesn’t repeat itself, but it does rhyme.” And this certainly is true of the history of administrative law: many of the issues we debate today, on the structure of agencies, the procedures that agencies should undertake, and the judicial review that agencies should take, echo strongly the debates of past […]