Monthly Archives: October 2016

Fall 2016 Projects (ACUS Update)

by Emily Bremer — Monday, Oct. 17, 2016@emilysbremer

This fall, the Administrative Conference’s committees are working on a full slate of projects targeted for completion at the 66th Plenary Session, which will be held in December 2016.  These projects include: (1) The Ombudsman in Federal Agencies; (2) Informal Agency Adjudication; (3) Public-Private Partnerships; (4) Self-Represented Parties in Administrative Hearings; and (5) Social Security Administration […]

Asimow on Non-APA Agency Adjudications (AdLaw Bridge Series)

by Chris Walker — Friday, Oct. 14, 2016@chris_j_walker

It is only fitting that on the day the blog launches a new series — The Administrative Conference Update — by our new regular blogger Emily Bremer (welcome!) that I highlight an important new report from the Administrative Conference of the United States (ACUS). With Professor Michael Asimow as the academic consultant, ACUS has spent the last […]

Introduction to the Administrative Conference Update

by Emily Bremer — Friday, Oct. 14, 2016@emilysbremer

I am delighted to join the lineup of regular bloggers at the Yale Journal on Regulation.  One contribution I will make to the blog will be an ongoing series, entitled Administrative Conference Update, which will highlight new and continuing projects, upcoming committee meetings, proposed and recently adopted recommendations, and other news about the Administrative Conference of […]

When Should Early Voting Begin?: Lessons from the Current State of Distress over the Trump Campaign, by Steven Huefner

by Chris Walker — Friday, Oct. 14, 2016@chris_j_walker

In the past 24 hours,* calls for Donald Trump to abandon his bid for the White House have swelled. While the odds of him doing so willingly still seem long, they are not negligible; who knows what they will be by early next week, after the second debate between Trump and Hillary Clinton. No matter the […]

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DC Circuit Holds Single Member Independent CFPB Unconstitutional, by Jack Beermann

by Chris Walker — Friday, Oct. 14, 2016@chris_j_walker

In PHH Corporation v. Consumer Financial Protection Bureau, the U.S. Court of Appeals for the D.C. Circuit, in an opinion by Judge Brett Kavanaugh, held that it was unconstitutional for the CFPB to be headed by a single Director who could not be removed by the president without cause. The consequences of the court’s decision […]

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George Washington Law Review’s Annual Review of Administrative Law (AdLaw Bridge Series)

by Chris Walker — Thursday, Oct. 13, 2016@chris_j_walker

Every year I look forward to the George Washington Law Review‘s Annual Review of Administrative Law, as the editors do a great job of selecting articles for inclusion in the issue. (I’m not just saying that because they published the first article I wrote after joining the law faculty here.) This year’s issue was just published, […]

Bamzai on the Origins of Chevron Deference (AdLaw Bridge Series)

by Chris Walker — Thursday, Oct. 13, 2016@chris_j_walker

Over at Jotwell last week, I highlighted as one of the best new articles in administrative a piece by Aditya Bamzai entitled The Origins of Judicial Deference to Executive Interpretation. This article is forthcoming in the Yale Law Journal next year, and it’s a must-read article for adlaw geeks as Bamzai casts serious doubt on the […]

D.C. Circuit Review – Reviewed: A Primer on Today’s CFPB Decision

by Aaron Nielson — Tuesday, Oct. 11, 2016@Aaron_L_Nielson

The D.C. Circuit issued an important decision today: it held that the removal protections for the Director of the Consumer Financial Protection Bureau violate Article II of the Constitution. As a remedy, the D.C. Circuit essentially excised the Director’s “for cause” removal protection from the U.S. Code. This means that if the President is unhappy […]

Administrative Law SSRN Reading List, September 2016 Edition

by Chris Walker — Thursday, Oct. 6, 2016@chris_j_walker

September was a good month for administrative law scholarship on SSRN, perhaps in part because scholars posted articles that they placed with law reviews in the fall cycle. I look forward to blogging about a number of these articles in greater detail as part of my AdLaw Bridge Series. At any rate, here is the September […]