Monthly Archives: August 2016

D.C. Circuit Review – Reviewed: More Dissent (Plus Advice For Law Reviews)

by Aaron Nielson — Saturday, Aug. 20, 2016@Aaron_L_Nielson

About six months ago, I wrote a post on dissenting opinions in the D.C. Circuit. This seems like a good week to update that post with a list of every concurrence and dissent filed in the D.C. Circuit since January 30, 2016. As an added bonus, because students are just now coming back to school, […]

Bipartisan Agreement on More Regulatory Policy and Economics in Law School Curriculum? (AdLaw Bridge Series)

by Chris Walker — Friday, Aug. 19, 2016@chris_j_walker

Yesterday over at LegalPlanet, Dan Farber had an interesting post highlighting a right-of-center proposal for more rigorous training in law school on regulatory policy and economics: Since the days of Felix Frankfurter, the Administrative Law course has been a staple of American law schools.  It’s a great course, but it’s limited.  The same is true […]

Is Aetna’s withdrawal from the exchanges payback for the Justice Department’s antitrust suit?

by Nicholas Bagley — Wednesday, Aug. 17, 2016

Aetna has denied any link between the Justice Department’s effort to block its merger with Humana and the company’s departure from the exchanges. Turns out those denials are not so true. Jonathan Cohn and Jeff Young at the Huffington Post have unearthed a letter from Aetna’s CEO to the Justice Department before the antitrust suit […]

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D.C. Circuit Review – Reviewed: Year Two Begins

by Aaron Nielson — Friday, Aug. 12, 2016@Aaron_L_Nielson

This week’s post marks an anniversary: one year of D.C. Circuit Review–Reviewed. Before summarizing the cases this week, I’ll take a moment to reflect on reading every opinion the D.C. Circuit has released since August 10, 2015.* First, from day one, I made a conscious decision to not let on whether I think the court […]

If There’s No Such Thing as Medical Marijuana, How Do We Have Medical Marijuana?

by Sam Halabi — Friday, Aug. 12, 2016

This week, the Drug Enforcement Agency (DEA) responded to petitions requesting a redesignation of marijuana for the benefit of scientific research. The DEA refused, citing, somewhat tautologically, the fact that there are no scientifically valid and well-controlled clinical trials demonstrating benefits for certain modalities of marijuana for specific medical indications.  DEA affirmed marijuana’s continued status […]

Kavanaugh, Eskridge, Baude & Sachs on Legal Interpretation (AdLaw Bridge Series)

by Chris Walker — Friday, Aug. 12, 2016@chris_j_walker

In the last few years, (at least) two important books on legal interpretation have been published: Justice Scalia and Bryan Garner’s Reading Law: The Interpretation of Legal Texts, and then Judge Katzmann’s Judging Statutes. I have blogged a fair amount about Reading Law (posts collected here) and contributed to the Green Bag’s entertaining microsymposium on the […]

FCC Loses “Muni Broadband” Appeal

by Daniel Deacon — Thursday, Aug. 11, 2016

Back in February 2015, in the same meeting at which the FCC reclassified broadband providers as Title II common carriers, the Commission also approved an order preempting certain state laws restricting municipal broadband providers.  In June, the D.C. Circuit upheld the Commission’s Title II reclassification.  Yesterday, the Sixth Circuit vacated the muni broadband order. A […]

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More Thoughts on the IRS’s Failure to Comply with the Congressional Review Act

by Andy Grewal — Thursday, Aug. 11, 2016

  In a prior post, I discussed concerns expressed by Senator Hatch regarding the IRS’s failure to subject its “major” regulations to the procedures required by the Congressional Review Act (CRA). Major regulations are generally those that have economic effects of $100 million or more and would seem to include many tax regulations.  However, as […]

Beyond Seminole Rock — Or Why What We Think We Know About Administrative Deference May Be Wrong

by Aaron Nielson — Thursday, Aug. 11, 2016@Aaron_L_Nielson

Law students go to law school for all sorts of reasons. Some dream of practicing criminal law because they watch a lot of television. Others want to be politicians and see law school as a launching pad. Many want to work for nonprofits because they care deeply about particular issues. Others want to follow in […]

Sharkey on the State Farm Future of Chevron Deference (AdLaw Bridge Series)

by Chris Walker — Wednesday, Aug. 10, 2016@chris_j_walker

Earlier this summer at the terrific Rethinking Judicial Deference Conference sponsored by George Mason’s Center for the Study of the Administrative State, Cathy Sharkey presented a provocative paper entitled In the Wake of Chevron’s Retreat. In this paper, Professor Sharkey notes that last year the Supreme Court engaged in two types of narrowing of Chevron deference […]