Monthly Archives: October 2016

Did the Yale Daily News Destroy its Tax-Exempt Status by its Political Endorsement?

by Andy Grewal — Monday, Oct. 31, 2016

Last week, the Yale Daily News Publishing Company, Incorporated (i.e., the Yale Daily News (YDN)) caused a minor stir when it endorsed Hillary Clinton for President. The YDN is a corporation that claims tax-exempt status under Section 501(c)(3), and engaging in political activity is inconsistent with that statute’s requirements. Specifically, if a corporation wants to […]

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Don’t Quote the Law in the Federal Register!

by Christopher J. Walker — Saturday, Oct. 29, 2016@chris_j_walker

In the frequently asked questions chapter of the Federal Register Document Drafting Handbook, the Office of the Federal Register provides (in Section 18.7) the following prohibition: It is not appropriate to quote laws and rules in the text of Federal Register documents. Laws may be paraphrased and rules may be cross-referenced if they meet the requirements in […]

D.C. Circuit Review – Reviewed: More Dogs and Lions

by Aaron Nielson — Saturday, Oct. 29, 2016@Aaron_L_Nielson

Almost a year ago, I wrote a post challenging the idea that the Chief Justice does not assign important opinions to Justice Sotomayor. This week, my analysis is similar — but this time it involves Justice Thomas. As I explained last year, here is an important principle when it comes to understanding the Supreme Court: […]

Kovacs on the APA’s Waiver of Sovereign Immunity Puzzle (AdLaw Bridge Series)

by Christopher J. Walker — Friday, Oct. 28, 2016@chris_j_walker

I am a big fan of Kathryn Kovacs‘s important work on the Administrative Procedure Act (APA) and administrative common law (here, here, and here). So I was so excited when the editors of my institution’s main journal, the Ohio State Law Journal, informed me that they would be publishing Professor Kovacs’s latest article, Scalia’s Bargain. […]

FedSoc Teleforum Tomorrow (Thurs) 3PM on Chevron Deference in the Circuit Courts

by Christopher J. Walker — Wednesday, Oct. 26, 2016@chris_j_walker

[10/31 Update: Apparently we had ninety people on the live teleforum about our study. The Federalist Society has kindly turned the teleforum into a podcast, which is available here. The paper will not be published until next summer, so comments are particularly welcome.] The Federalist Society’s Administrative Law and Regulation Practice Group has graciously organized […]

How Private Food Safety Standards Restrict Access to Markets (and the Desirability of Doing So)

by Sam Halabi — Monday, Oct. 24, 2016

In general, private food safety standards might be regarded as beneficial for both producers and consumers. If Walmart, for example, imposes a requirement on its supplier farms to use chemical fertilizers instead of manure, an important safety risk is minimized (although with other perhaps less desirable costs imposed on farmers and their environment), consumers’ food […]

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Gillian Metzger’s The Constitutional Duty to Supervise Chosen by ABA AdLaw Section as Best Article Published in 2015

by Christopher J. Walker — Friday, Oct. 21, 2016@chris_j_walker

Next Friday, October 28th, the American Bar Association Section of Administrative Law and Regulatory Practice will hold its annual Administrative Law Section Awards Dinner in Washington, D.C. Each year the ABA AdLaw Section hands out a number of awards, including an award for the best piece of administrative law scholarship published in the last year. This […]

Sant’Ambrogio & Zimmerman on Class Actions and Agency Adjudication (AdLaw Bridge Series)

by Christopher J. Walker — Thursday, Oct. 20, 2016@chris_j_walker

Over the last few years Michael Sant’Ambrogio and Adam Zimmerman have been doing very important work on the various adjudicatory tools federal agencies may have available to them to engage in aggregate agency adjudication. First, in The Agency Class Action, published in the Columbia Law Review, they sketch out the theoretical and policy case for […]

NEJM: Does the U.S. owe billions to insurers?

by Nicholas Bagley — Wednesday, Oct. 19, 2016

Although it’s been eclipsed by the presidential election, the fight over the risk corridor lawsuits continues to simmer. Last Friday, the House of Representatives moved to file an amicus brief objecting to the administration’s willingness to open settlement negotiations: The law is clear that insurance companies operating on the health exchanges established pursuant to the […]

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