Monthly Archives: April 2016

What Makes This Agency Different From All Other Agencies?, by Daniel Hemel

by Daniel Hemel — Saturday, Apr. 30, 2016

A D.C. Circuit panel held today that the Passenger Rail Investment and Improvement Act of 2008 (PRIIA) is unconstitutional. This is the second time the same panel has struck down the PRIIA (the first time the panel was reversed by the Supreme Court). The panel’s primary holding is that “the PRIIA violates the Fifth Amendment’s […]

Request for Proposals for the Fall 2016 ABA Administrative Law Conference

by Christopher J. Walker — Thursday, Apr. 28, 2016@chris_j_walker

Greetings from Andrew Emery and Susan Prosnitz, co-chairs of the ABA’s 2016 Fall Administrative Law Conference to be held on December 8-9, 2016, at the Walter E. Washington Convention Center in Washington, D.C. As is the customary practice of the ABA Section of Administrative Law and Regulatory Practice, we would like you to propose topics […]

Barnett on the Problems with Administrative Judges (AdLaw Bridge Series)

by Christopher J. Walker — Sunday, Apr. 24, 2016@chris_j_walker

Especially in light of my interest in immigration adjudication—where immigration judges are administrative judges and not administrative law judges—I was particularly excited to read an earlier draft of Kent Barnett’s Against Administrative Judges, which is forthcoming in the UC Davis Law Review. You can download a draft of the paper here, and here’s the abstract: […]

D.C. Circuit Review – Reviewed: Skiing, Snowboarding, and State Action

by Aaron Nielson — Saturday, Apr. 23, 2016@Aaron_L_Nielson

Is there a constitutional right to snowboard? Before answering, know that Utah takes its snow very seriously—as it should. Few places have even a credible claim to “the greatest snow on Earth.” Utah is one of them (as is Hokkaido Island in Japan). But should that snow be used for skiing, snowboarding, or both? Again, […]

The Case for the Federal Reserve Banks’ Constitutionality is Uneasy Indeed, part I: Is the Fed More Like the Girl Scouts or the Government?

by Peter Conti-Brown — Friday, Apr. 22, 2016

My many thanks again to Chris Walker, the Journal editors, and the many contributors for a very stimulating symposium on my book, The Power and Independence of the Federal Reserve. I wanted to write today (and, because these issues end up taking so much space to unpack, in a subsequent post as well) to push […]

“Goofy” Tax Regulations and Auer Deference

by Andy Grewal — Thursday, Apr. 21, 2016

Earlier this week, the Seventh Circuit issued its opinion in Roberts v. Commissioner , holding that a taxpayer’s efforts regarding his race horses amounted to a business under the tax code, and not a mere hobby, such that the taxpayer could enjoy various deductions. The court reversed the Tax Court’s contrary determination, finding that the […]

Symposium Recap on Peter Conti-Brown’s The Power and Independence of the Federal Reserve

by Christopher J. Walker — Thursday, Apr. 21, 2016@chris_j_walker

Earlier this month we hosted a terrific online symposium reviewing my co-blogger Peter Conti-Brown’s important new book The Power and Independence of the Federal Reserve, which was recently published by the Princeton University Press. The contributions to the symposium were diverse and thought-provoking. For ease of reference, I thought I’d include links to all of […]

The U.S. Department of Commerce Requests Public Comment on Fostering the Advancement of the Internet of Things, by Jeff Weiss

by Guest Blogger — Wednesday, Apr. 20, 2016

On April 6, 2016, a Request for Comment on “The Benefits, Challenges, and Potential Roles for the Government in Fostering the Advancement of the Internet of Things” was published in the Federal Register. As noted in the preamble to the Notice, which was initiated by the National Telecommunications and Information Administration of the U.S. Department […]

ABA Teleconference: Assessing the Federal Regulatory Response to Sexual Misconduct on Campus, by JREG

by Guest Blogger — Wednesday, Apr. 20, 2016

The ABA Section of Administrative Law and Regulatory Practice Education Committee  Presents Assessing the Federal Regulatory Response to Sexual Misconduct on Campus Teleconference Thursday, April 21, 2016 11:30 am – 12:30 pm Eastern Time Five years ago this month, the Department of Education’s Office for Civil Rights issued a “Dear Colleague” letter regarding sexual violence […]

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A Modest Proposal for Fixing Gobeille

by Nicholas Bagley — Wednesday, Apr. 20, 2016

I’ve already groused about the Supreme Court’s decision in Liberty Mutual v. Gobeille, which reads ERISA to preempt state laws that ask self-insured plans to share claims data with all-payer claims databases (APCDs). Not only is the decision wrong, but it will hamper price transparency and frustrate health-care research. Sensitive to the concerns, the Court […]