Monthly Archives: November 2016

Obama, Trump, and Infectious Diseases as National Security Threats

by Sam Halabi — Friday, Nov. 25, 2016

One of the distinguishing features of the Obama administration’s approach to national security threats has been the priority given to infectious diseases. Clinton and George W. Bush established their own programs devoted in substantial measure to HIV/AIDS but the Obama administration, from 2009, dedicated far more of its security planning resources to outbreaks of infectious […]

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How much money is at stake in the risk corridor lawsuits?

by Nicholas Bagley — Friday, Nov. 25, 2016

$8.3 billion and counting. (For background, see here.) The risk corridor program runs from 2014 through this year, and the balance for the 2016 plan year won’t be calculated until next fall. But the federal government has just released figures for 2015, and they’re eye-popping. Insurers are owed $5.9 billion (h/t Charles Gaba) on top […]

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The Role of ACUS in Improving the Administrative Process under the New Administration, by Cheryl Blake

by Guest Blogger — Thursday, Nov. 24, 2016

Proposals for regulatory reform featured prominently in the run-up to the 2016 election and will likely continue to receive very close attention in the new administration. As Emily Bremer highlighted in her introduction to this symposium, the American Bar Association’s Section of Administrative Law and Regulatory Practice prepared a report for both presidential candidates in […]

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Save the Date for the 66th Plenary Session (ACUS Update)

by Emily Bremer — Wednesday, Nov. 23, 2016@emilysbremer

The Administrative Conference has released the agenda for its 66th Annual Plenary Session, which will be held on Tuesday, December 13 (from 1:00 pm to 5:30 pm) and Wednesday, December 14 (from 9:00 am to 12:00 pm).  Proposed recommendations on four subjects will be under consideration.  From the Federal Register notice on public inspection today: Social […]

The Right Kind of Cooperation

by Aaron Nielson — Wednesday, Nov. 23, 2016@Aaron_L_Nielson

I am also pleased to contribute to this symposium on the Section of Administrative Law and Regulatory Practice’s 2016 Report to the President-Elect. My assignment? Regulatory cooperation between the United States and other countries. I strongly support such cooperation — well, at least most of the time. To begin, this is what the Report has […]

The ABA AdLaw Section’s Report to the President-Elect: Adjudication Recommendations, by Michael Asimow

by Guest Blogger — Wednesday, Nov. 23, 2016

A Trump administration is unlikely to be supportive of three of the four recommendations relating to adjudication in the Report to the President-Elect by the ABA Section on Administrative Law and Regulatory Practice. Considering these recommendations (though not in the order they were presented in the ABA’s letter): 1) The Ad Law Section urged the […]

Join us at the Annual ABA Administrative Law Conference in DC, 12/8-12/9!

by Chris Walker — Wednesday, Nov. 23, 2016@chris_j_walker

This year’s ABA Administrative Law Conference was already going to be an amazing event — an absolute must-attend conference for adlaw nerds, scholars, and practitioners. But with the election surprise and change in presidential administration (plus a Congress controlled by the same party as the President-Elect), the topics being covered at the conference take on […]

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More on the Congressional Review Act …

by Aaron Nielson — Tuesday, Nov. 22, 2016@Aaron_L_Nielson

I have written about the Congressional Review Act before, so I will not repeat myself. Long story short, Congress will have the opportunity to review regulations promulgated by agencies late in the term of President Obama. This potentially matters a great deal. (Here is a link to Frequently Asked Questions about the CRA.) How the […]

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Unraveling Obama-Era Regulations on Day One with the Congressional Review Act, by Josh Blackman

by Guest Blogger — Tuesday, Nov. 22, 2016

Over the past two weeks, I have been asked more times than I can count how the Trump Administration can unravel the Obama Administration’s policies. My answer usually falls into one of three categories. First, policies that were instituted through guidance documents, such as executive memoranda and “Dear Colleague” letters, which I’ve called Government by Blog […]

The President’s Removal Power and the PHH Litigation, by Aditya Bamzai

by Guest Blogger — Tuesday, Nov. 22, 2016

Last Friday, the Consumer Financial Protection Bureau filed a petition for en banc review in PHH Corp. v. CFPB. The petition challenges Judge Kavanaugh’s opinion for two judges of a panel of the D.C. Circuit, which declared unconstitutional the statute limiting the President’s authority to remove the CFPB’s Director, Richard Cordray. In doing so, the […]

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