Monthly Archives: June 2016

D.C. Circuit Review – Reviewed: Why There Will Never Be Another LeBron James

by Aaron Nielson — Saturday, June 18, 2016@Aaron_L_Nielson

My son is away at camp this week, and that’s probably for the best. It means he has missed the last two NBA Finals games. One of his least favorite players is LeBron James, and LeBron—by any measure—has had a pretty amazingweek. At the same time, my son is a huge fan of Shaun Livingston […]

The Supreme Court Decides a Huge False Claims Act Case

by Nicholas Bagley — Saturday, June 18, 2016

Yesterday, the Supreme Court decided a False Claims Act suit that has enormous implications for Medicare and Medicaid fraud. The allegations in Universal Health Services v. United States ex rel. Escobar are startling. Yarushka Rivera, a young Medicaid beneficiary, died of an adverse reaction to medication that she’d received to treat her bipolar disorder. After […]

The Net Neutrality Case as a Battle Site over “Libertarian Administrative Law”

by Daniel Deacon — Saturday, June 18, 2016

I wanted to follow up on Aaron Nielson’s great post about the D.C. Circuit’s long-awaited net neutrality opinion with a couple of related thoughts. (I saw, as I was writing this post, that Professor Daniel Lyons also has a post up on the Volokh Conspiracy touching on similar points.) For one, it’s interesting how Judge […]

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D.C. Circuit Review – Reviewed: Where are the Economists?

by Aaron Nielson — Wednesday, June 15, 2016@Aaron_L_Nielson

Yesterday, the D.C. Circuit announced its decision in United States Telecom Association v. FCC, i.e., the Net Neutrality case.* The co-authored majority opinion (Judges Tatel and Srinivasan) upheld the FCC’s new scheme over Judge Williams’ partial dissent. Reviewing the competing opinions, I was struck by something: the asymmetrical treatment of economists. First, let’s review the […]

Challenging the Risk Adjustment Program

by Nicholas Bagley — Tuesday, June 14, 2016

If you’re one of the six people left who still hasn’t had enough of ACA litigation, you’re in luck. Yesterday, a health plan in Maryland sued the Centers for Medicare and Medicaid Services, arguing that it has botched the implementation of the risk adjustment program. The risk adjustment program is one of the three R’s—reinsurance, […]

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Jellum on Meagher on Clear Statement Rules in Australia (AdLaw Bridge Series)

by Chris Walker — Monday, June 13, 2016@chris_j_walker

Over at Jotwell, Linda Jellum reviews The Principle of Legality and a Common Law Bill of Rights – Clear Statement Rules Head Down Under by Daniel Meagher.* Here’s a summary of the paper from the SSRN abstract (the paper is available on SSRN here): This article traces the evolution in Australia of fundamental rights protection […]

D.C. Circuit Review – Reviewed: “Archconservatives”

by Aaron Nielson — Sunday, June 12, 2016@Aaron_L_Nielson

Yesterday, while scanning my Twitter feed, I found myself reading a great article in The Atlantic: “The Senate Finally Passed Chemical Safety Reform.” This article is well worth your time, especially because the legislation is now headed to President Obama for his signature. As I was reading, however, I noticed something: two uses of the […]

Seidenfeld on Livermore on Parties, Presidents, and Agencies (AdLaw Bridge Series)

by Chris Walker — Friday, June 10, 2016@chris_j_walker

As I mentioned in my AdLaw Bridge series post last week, I’m slowly catching up* on highlighting the Jotwell Administrative Law Section reviews from the last couple months as part of this series. Here is another terrific Jotwell review, this one by Mark Seidenfeld of Political Parties and Presidential Oversight by Michael Livermore, which was […]

Two Misplaced Objections to the Risk Corridor Lawsuits

by Nicholas Bagley — Friday, June 10, 2016

By my count, health plans have filed five separate lawsuits in the Court of Federal Claims seeking money that they’re owed under the risk corridor program. As I’ve explained here and here, I think the lawsuits have merit, which is why I expect to see a lot more of them. If you’re a health plan, […]

Chevron’s Immigration Exception, Revisited, by Michael Kagan

by Guest Blogger — Friday, June 10, 2016

My reaction to the Supreme Court’s recent decision in Luna Torres v. Lynch has drawn informative responses from Patrick Glen, and from Asher Steinberg. The spark for this debate was the Court’s silence with regard to Chevron deference in Luna Torres, even though the case seemed to be a prototypical Chevron case. An agency, specifically […]

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