Monthly Archives: December 2016

ACUS is Hiring — Again

by Aaron Nielson — Friday, Dec. 30, 2016@Aaron_L_Nielson

Last year I flagged a hiring notice from the Administrative Conference of the United States. Let me do so again. Here is the hiring announcement: The Administrative Conference of the United States is an executive branch agency whose principal mission is to recommend empirically based improvements to administrative procedure and related matters to the President, […]

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AdLaw/Regulation Programming at AALS Annual Meeting in San Francisco

by Christopher J. Walker — Friday, Dec. 30, 2016@chris_j_walker

The annual meeting of the American Association of Law Schools (AALS) is next week in San Francisco, and there is a lot of terrific administration law and regulation programming this year. Based on a quick review, I’ve posted below the various panels that touch on administrative law and regulation. I’ve also included a couple panels […]

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D.C. Circuit Review – Reviewed: Circuit Split!

by Aaron Nielson — Wednesday, Dec. 28, 2016@Aaron_L_Nielson

Extra, extra — Tenth Circuit explicitly disagrees with D.C. Circuit regarding SEC administrative law judges. This is a special, midweek edition of D.C. Circuit Review — Reviewed. The Tenth Circuit just created a circuit split with the D.C. Circuit about an important constitutional question. Earlier this year, the D.C. Circuit held that SEC Administrative Law […]

Making Budget Reconciliation Great Again, by Sam Wice

by Guest Blogger — Tuesday, Dec. 27, 2016

With Republicans in control of the House, Senate, and the Presidency, they will try to pass many of their long desired proposals. However, with a narrow Senate majority and a Senate history of providing enhanced rights to the minority party, Senate Republicans will have to try nearly every legislative trick in the book to pass […]

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Products Liability in the Sharing Economy, by David Berke*

by Guest Blogger — Monday, Dec. 26, 2016

As 2016 staggers to a close, a regulatory kerfuffle in California underscores two things about the sharing economy. First, the sharing economy – companies that provide digitally intermediated, peer-to-peer rental of goods and purchase of services – is not just a tech-bubble fad, but an increasingly integral and innovative part of the mainstream economy. Second, […]

D.C. Circuit Review – Reviewed: Christmas in the D.C. Circuit

by Aaron Nielson — Saturday, Dec. 24, 2016@Aaron_L_Nielson

This Christmas Eve, I’ve decided to explore the D.C. Circuit’s history with Christmas. It turns out to be a pretty interesting history. (It also turns out that Christmas is not always a time of happiness.) Consider, for instance, the case of Anderson v. White, decided by the Court of Appeals for the District of Columbia […]

Sohoni on Executive Enforcement as Crackdowns (AdLaw Bridge Series)

by Christopher J. Walker — Friday, Dec. 23, 2016@chris_j_walker

Over at Prawfsblawg, Orly Lobel features Mila Sohoni’s new article Crackdowns, which is forthcoming in the Virginia Law Review. Here is Professor Lobel’s take on the piece: Crackdowns are administrative actions designed to increase enforcement in a particular area – such as taking a few weeks in which OSHA inspectors focus on janitorial services with surprise inspections. […]

Understanding the Final Rule Ending NSEERS, by Shoba Sivaprasad Wadhia

by Guest Blogger — Friday, Dec. 23, 2016

Effective December 23, the regulation giving rise to NSEERS or special registration is officially terminated. The magnitude of this win for Muslim, Arab and South Asian organizations; rights groups; and the rule of law cannot be underestimated as it comes on the heels of nearly 15 years of uphill and tireless work to defend those […]

ACUS Adopts Four Recommendations at its 66th Plenary (ACUS Update)

by Emily Bremer — Thursday, Dec. 22, 2016@emilysbremer

At its 66th Plenary Session, held December 13th and 14th, 2016, the Administrative Conference adopted four new recommendations.  From the Federal Register notice, which is on public inspection today, these four recommendations include: Recommendation 2016-3, Special Procedural Rules for Social Security Litigation in District Court. This recommendation encourages the Judicial Conference of the United States to develop […]

APA Rulemaking Revision, Continued, by Ronald M. Levin

by Guest Blogger — Wednesday, Dec. 21, 2016

As part of this blog’s symposium on the ABA Section of Administrative Law and Regulatory Practice’s recent Report to the President-Elect, Bernie Bell has written a thoughtful commentary on the ABA’s 2016 proposals to revise the Administrative Procedure Act. I have something of a stake in those proposals, because I successfully presented them to the […]