Monthly Archives: May 2016

D.C. Circuit Review – Reviewed: No Net Neutrality … and the Dangers of “Moreover”

by Aaron Nielson — Saturday, May 28, 2016@Aaron_L_Nielson

Everyone, it seems, is waiting for the D.C. Circuit’s “net neutrality” decision. The case was argued last December and so could be decided anytime.* But it wasn’t decided this week. Although the D.C. Circuit’s only opinion this week did involve the FCC, and while it was authored by Judge Tatel, it wasn’t the big one […]

Duke Law Journal AdLaw Symposium: Is Intellectual Property Law Administrative Law? (AdLaw Bridge Series)

by Chris Walker — Friday, May 27, 2016@chris_j_walker

As I blogged about back in February, Duke Law Journal‘s annual administrative law symposium this year is titled Intellectual Property Exceptionalism in Administrative Law. Video of February’s live symposium is available here. It was a terrific event, and draft papers were very thought provoking. Those papers were published earlier this month, and full issue is available here. […]

Response to Kagan on Torres v. Lynch and Immigration Exceptionalism, by Patrick Glen

by Guest Blogger — Friday, May 27, 2016

Last June, in the wake of the Supreme Court’s decision in Mellouli v. Lynch, I wrote a brief post  responding to Chris Walker’s commentary on the Chevron deference quirk of that case. Although ostensibly concluding that the “controlled substance” ground of deportability was ambiguous and that a reasonable agency interpretation of the statute would be […]

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A Socratic Dialogue Inspired by “Marbury and the Administrative State”

by Jeff Pojanowski — Thursday, May 26, 2016

Recently, I have been writing about Chevron because that, it appears, is what stereotypical administrative law professors do. In the course of doing so, and in the course of considering justifications for Chevron doctrine, I have been thinking about Professor Henry Monaghan’s classical defense of judicial deference to administrative interpretations of law: “ Marbury and […]

GMU Conference on Revisiting Judicial Deference Next Thursday

by Chris Walker — Thursday, May 26, 2016@chris_j_walker

The Center for the Study of the Administrative State, directed by Neomi Rao, has put together a terrific conference entitled Revisiting Judicial Deference: History, Structure, and Accountability. That’s next Thursday, 6/2, at George Mason, starting at 8:45AM. The conference is open to the public and free. Please register here. The lunch keynote will be by […]

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Recent Developments About Regulatory Cost Budgeting as a Potential Reform

by Jeff Rosen — Tuesday, May 24, 2016

For those with an interest in the issue of budgets for the costs of regulation as a potential reform of the regulatory system, there have been some recent developments: In the budget resolution adopted by the House Budget Committee on March 16, 2016 (H.Con.Res. 125), section 605 is titled “Policy Statement On Federal Regulatory Budgeting […]

Annual Data about Regulation Now Available

by Jeff Rosen — Tuesday, May 24, 2016

This month several sources of useful information about regulation were published. For those interested, they are listed below: On May 18, 2016, the Administration published the Spring 2016 “Current Unified Agenda of Regulatory and Deregulatory Actions”, available here. Susan Dudley and Melinda Warren this month published the latest annual volume of their guide to the […]

Fed Governance Reform Goes Mainstream

by Peter Conti-Brown — Tuesday, May 24, 2016

In the debate just concluded with friend and co-blogger Daniel Hemel, I mentioned that the constitutional issues around Fed governance—and there are serious questions, Daniel and I both agree—can obscure the policy issue around Fed governance. The Constitution provides here a minimum, not a maximum. As I mention in my book, the constitutional remedies do […]

ABA Highlights Twentieth Anniversary of the Congressional Review Act

by Chris Walker — Tuesday, May 24, 2016@chris_j_walker

On May 26, 2016, the ABA Section of Administrative Law and Regulatory Practice will hold a teleconference marking the Twentieth Anniversary of the Congressional Review Act (CRA). The CRA gives Congress the power to disapprove certain types of “economically significant” regulations before they go into effect. Although previously an afterthought, the CRA has recently taken […]

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Can We Plan for the Next Pandemic?

by Nicholas Bagley — Monday, May 23, 2016

From Ron Klain, the former Ebola czar, in the Washington Post: If it seems like the world is being threatened by new infectious diseases with increasing frequency—H1N1 in 2009-2010, MERS in 2012, Ebola in 2014, Zika in 2016, yellow fever on the horizon for 2017—that’s because it is. These are not random lightning strikes or […]