Monthly Archives: April 2016

Analyzing oral arguments in United States v. Texas

by Adam White — Tuesday, Apr. 19, 2016

Wednesday, April 20, 2016 | 4:00 PM – 5:00 PM Eastern | Teleconference Today the Supreme Court heard oral argument in United States v. Texas, one of the year’s most closely watched cases on constitutional and administrative law. The State of Texas and other plaintiffs challenge the Department of Homeland Security’s guidance on enforcement of […]

Happy Fifth Birthday RegBlog!

by Chris Walker — Monday, Apr. 18, 2016@chris_j_walker

This month over at RegBlog they are celebrating their fifth birthday with a fifteen-part series on the last five years in regulation. (I’ll be contributing a piece later this month on developments regarding administrative law’s judicial deference doctrines.) [Update: The entire series and schedule can be found here.] RegBlog founder and Penn law professor Cary […]

D.C. Circuit Review – Reviewed: “Never, Never—NEVER—Wake a Sleeping Tiger”

by Aaron Nielson — Saturday, Apr. 16, 2016@Aaron_L_Nielson

I love a good headline. And boy, did I stumble across a great one today: “Never, Never—NEVER—Wake A Sleeping Tiger.” (The subheading is pretty great too: “Don’t even think about it.”) And sure enough, if you click through, you will see a video of one tiger waking another tiger, and then you’ll learn why you […]

No, Congress Didn’t Commit a Crime When It Shopped for Coverage

by Nicholas Bagley — Friday, Apr. 15, 2016

John Malcolm and Michael Cannon—yes, the Michael Cannon of King v. Burwell fame—have a new op-ed accusing members of Congress and/or their staffers of committing a federal crime. Documents obtained under the Freedom of Information Act show that unnamed officials who administer benefits for Congress made clearly false statements when they originally applied to have […]

An Open Letter to 1Ls

by Aaron Nielson — Thursday, Apr. 14, 2016@Aaron_L_Nielson

Dear 1Ls, Last fall I wrote a letter to your 2L colleagues. Now I’m going to write to you. Here’s the bottom line: If you want to clerk, the next few months are important. Many judges are waiting until applicants have their third or even fourth semester of grades. (Indeed, some judges prefer to interview […]

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Sunstein on Cost-Benefit Analysis and the Administrative Procedure Act (AdLaw Bridge Series)

by Chris Walker — Thursday, Apr. 14, 2016@chris_j_walker

Two weeks ago, in MetLife v. Financial Stability Oversight Council, District Judge Rosemary Collyer (D.D.C.) sent waves through the financial services industry and among scholars of cost-benefit analysis. Relying in part on the Supreme Court’s decision last Term in Michigan v. EPA , the district court held that the FSOC violated the Administrative Procedure Act […]

Premarket Review of Tobacco Products: The FDA’s Misplaced Priorities

by Micah Berman — Wednesday, Apr. 13, 2016

Along with colleagues at the Public Health Law Center, I published an article this week in the journal Tobacco Control that critically reviews the FDA’s implementation of its authority to regulate the sale of new tobacco products. In 2009, Congress passed the Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act), establishing federal authority to […]

Supreme Court Decisions Have Consequences

by Nicholas Bagley — Wednesday, Apr. 13, 2016

In Gobeille v. Liberty Mutual , the Supreme Court held that ERISA trumps state laws that require self-insured employers to share data on the prices they paid for health care for their employees. Predictably, and sadly, those employers look like they’re taking full advantage (paywalled) of the Court’s decision: Plans that provide health insurance in […]

The Administrative Law of the Federal Reserve: The Path Ahead

by Peter Conti-Brown — Tuesday, Apr. 12, 2016

What a pleasure it has been to read these reviews. As I set out to write The Power and Independence of the Federal Reserve , this very audience—serious scholars and practitioners of administrative law who had thought hard about institutional design in other contexts besides the Fed—weighed heavily as one of the primary groups of […]