Monthly Archives: May 2016

“New Life for the Congressional Review Act?”

by Aaron Nielson — Sunday, May 22, 2016@Aaron_L_Nielson

On May 26, I’ll be moderating a free teleforum for the American Bar Association’s Section of Administrative Law and Regulatory Practice Rulemaking Committee on the Congressional Review Act. (Jeff Rosen, who is participating in the teleforum, has written here about the CRA.) Here is the relevant information from the ABA: May 26, 2016 2:00 PM […]

Form, Function, and the Fed, by Daniel Hemel

by Daniel Hemel — Sunday, May 22, 2016

I’m neither a constitutional law scholar nor an expert on the Federal Reserve, so I’m reluctant to wade deeper into the debate over the Fed’s constitutionality when I’m already beyond neck deep. In an earlier post, I suggested that “ maybe”—but only maybe—“the Federal Reserve banks are constitutional after all,” a claim that struck me […]

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D.C. Circuit Review – Reviewed: The Honorable Wilson Warlick (1892-1978)

by Aaron Nielson — Friday, May 20, 2016@Aaron_L_Nielson

One night during the summer of 1987, Judge David Sentelle communed with the dead. Sentelle, then of the Western District of North Carolina, was confronted with a tricky Pullman Abstention question. As he struggled with the issue, he asked what the Honorable Wilson Warlick would do. Judge Warlick had been dead for almost a decade. […]

The IRS’s Private Equity Regulations Might Backfire

by Andy Grewal — Friday, May 20, 2016

In a post last week , my co-blogger Daniel Hemel explained how Section 707(a)(2)(A) may allow the IRS to deny the tax benefits associated with so-called carried interests, even in the absence of legislative action. That statute essentially grants the IRS the regulatory authority to alter the tax treatment of transactions between partners and partnerships, […]

A Guide to Judicial and Political Review of Federal Agencies, 2nd Ed. – The Ad Law Section’s Gift to Those of You Who May Have Forgotten to Grab Something for Mother’s Day, by Richard Murphy

by Guest Blogger — Friday, May 20, 2016

Way back in 2005, one of the cosponsors of this blog, the Ad Law Section of the ABA, published A Guide to Judicial Review and Political Review of Federal Agencies , edited by Professors Michael Herz and John F. Duffy and featuring chapters by a murderers’ row of leading administrative law scholars. In addition to […]

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Does Chevron Have An Immigration Exception?, by Michael Kagan

by Guest Blogger — Thursday, May 19, 2016

This morning, the Supreme Court announced its decision in Luna Torres v. Lynch, and it’s bad news if you are a non-citizen arsonist. The Court affirmed the Second Circuit, which had affirmed the Board of Immigration Appeals (BIA) decision that Jorge Luna Torres’ New York conviction for arson is an aggravated felony, making him deportable. […]

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The Case for the Federal Reserve Banks’ Constitutionality is Uneasy Indeed, part II: Appointing and Removing the Reserve Bank Presidents

by Peter Conti-Brown — Wednesday, May 18, 2016

In my last post, I wrote about whether the Reserve Bank presidents were more like the CEO of the Girl Scouts or Warren Buffett on the one hand, or officers of the United States exercising significant government authority on the other. I think the answer is the latter, especially in light of how much authority […]

Don’t Panic About House v. Burwell, by Nicholas Bagley

by Nicholas Bagley — Tuesday, May 17, 2016

Don’t panic about House v. Burwell. From the New York Times on what might happen if the House prevails in House v. Burwell: A study by the Department of Health and Human Services estimated that premiums for midlevel “silver plans” could rise by nearly 30 percent without [cost-sharing] reimbursements. Many consumers would be protected, since […]

Section to Host Discussion on Hughes v. Talen Energy Marketing

by Chris Walker — Monday, May 16, 2016@chris_j_walker

On May 17, 2016, the Energy Committee of the American Bar Association Section of Administrative Law and Regulatory Practice will hold a teleconference on the U.S. Supreme Court’s recent Hughes v. Talen Energy Marketing, LLC decision, a watershed case concerning the scope of a state’s powers, consistent with the Federal Power Act, to subsidize new […]