Monthly Archives: July 2016

Welcome to the new Notice & Comment

by Yale Journal on Regulation — Sunday, July 31, 2016@yalejreg

We’re very excited to launch the new and improved Notice & Comment. Thanks to the hard work and input from our online team and executive board, the blog now features various organizational tools and direct-access for bloggers. We look forward to developing the blog further and continuing to provide our readers with high quality content.

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D.C. Circuit Review – Reviewed: The Frank Easterbrook Edition Redux

by Aaron Nielson — Saturday, July 30, 2016@Aaron_L_Nielson

Last October, I dedicated one of these posts to Judge Frank Easterbrook. I praised him for being “an extraordinary jurist” who is “prolific; influential; and scholarly.”* Of course, Easterbrook is not a judge on the D.C. Circuit, nor would he like to be. But he is an important judge and his views matter—indeed, Westlaw lists […]

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The Section 385 Debt-Equity Regulations and The Separation of Powers

by Andy Grewal — Friday, July 29, 2016

The IRS recently proposed some highly controversial regulations related to debt-equity classifications. A challenge to the regulations seems likely, and a recent news article discusses how some pending legislation might affect the controversy. See Bloomberg BNA, “Debt-Equity Rules Could Be Easier to Strike With Pending Bill” (7/25/16). That legislation, The Separation of Powers Restoration Act […]

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ABA AdLaw Section’s Annual Homeland Security Law Institute – August 24-25, 2016 | Washington, DC

by Chris Walker — Tuesday, July 26, 2016@chris_j_walker

Next month the ABA Section of Administrative Law and Regulatory Practice will be hosting its annual Homeland Security Law Institute, one of the Section’s three major annual conferences. It has been a premier program every year, and promises to be this year as well.  So definitely don’t miss it if you’re in DC in late […]

Law Professor Amicus Brief in MetLife

by Chris Walker — Tuesday, July 26, 2016@chris_j_walker

Back in April I blogged about the district court decision in MetLife v. Financial Stability Oversight Council. There, 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 year in Michigan v. EPA, the district court held that the Financial Stability Oversight Council (FSOC) […]

Administrative Law SSRN Reading List, June 2016 Edition

by Chris Walker — Monday, July 25, 2016@chris_j_walker

Apologies for the delay, as it’s been a busy July here in Columbus. But here is the June 2016 edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law eJournal, which is edited by  Bill Funk. 1. Political Parties, Voting Systems, and the Separation of Powers by […]

D.C. Circuit Review – Reviewed: Resolved Redux

by Aaron Nielson — Saturday, July 23, 2016@Aaron_L_Nielson

Just over six months ago, I set resolutions for myself, law students, the Supreme Court, the Big 12 Conference, my freeloading chickens, and the D.C. Circuit, among others. This week seems as good as any to check in on how everyone is doing. First, I resolved to write something for the Wall Street Journal. Alas, […]

Government Book Talk! – Code of Federal Regulations Edition, by Lynn White

by Guest Blogger — Thursday, July 21, 2016

The U.S. Government Publishing Office (GPO) has a Government Book Talk! blog which is designed to “raise the profile of the best publications from the Federal Government, past and present.”  The latest post is entitled What’s the “CFR” and Why Is It So Important to Me? The post appropriately notes that the Code of Federal Regulations […]

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The ABA Administrative Law Section’s Transformative Year, by Lynn White

by Guest Blogger — Wednesday, July 20, 2016

This has been a banner year for the ABA Section of Administrative Law and Regulatory Practice–one that has been full of accomplishments. The Section has set a record for the most program events in its history, including some terrific new programs such as “The 60th Anniversary of the Hoover Commission: Lessons for Regulatory Reform”, the “Great Debate” […]

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Chevron Riding the Circuit (AdLaw Bridge Series)

by Chris Walker — Wednesday, July 20, 2016@chris_j_walker

Last week the U.S. House of Representatives passed the Separation of Power Restoration Act, with even one Democrat voting in favor.* If enacted, the legislation would attempt to get rid of Chevron and Auer deference by amending the Administrative Procedure Act to instruct courts to “decide de novo all relevant questions of law, including the interpretation […]