Monthly Archives: February 2017

The Obamacare Alternatives, Redistribution, and Free Markets in Healthcare

by Sam Halabi — Tuesday, Feb. 28, 2017

Following Nick’s insightful post and in light of both President Trump’s speech this evening as well as House GOP defections from the leaked bill, it’s worth surveying the alternatives to Obamacare GOP legislators have floated so far and what might end up getting stitched together to form the outline of a unifying GOP plan. On […]

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Symposium Issue: A Future Without the Administrative State? (AdLaw Bridge Series)

by Chris Walker — Tuesday, Feb. 28, 2017@chris_j_walker

Last March the Missouri Law Review hosted a terrific symposium, organized by Professor Erin Morrow Hawley, entitled A Future Without the Administrative State? (video here). The published issue from the symposium was just posted to the Law Review‘s website. I tweeted out thread of summaries/links to each piece here. Professor Hawley’s introduction is definitely a […]

Taming the Shallow State, by Jennifer Nou

by Jennifer Nou — Tuesday, Feb. 28, 2017@Jennifer_Nou

The gloves have now come off in the battle between President Trump and an increasingly alarmed federal bureaucracy. EPA employees are in the streets. The National Park Service is sending out insubordinate tweets. Intelligence agencies are not just leaking, they’re gushing. Bureaucratic resistance is, of course, not new. But what does seem unprecedented is the […]

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The leaked Republican replacement.

by Nicholas Bagley — Monday, Feb. 27, 2017

The text of a draft bill to repeal and replace Obamacare leaked on Friday. Because the draft hews to principles that Republicans have outlined before, its basic contours aren’t that surprising. As I explained to Greg Sargent at the Washington Post: The emerging GOP replacement would repeal tax hikes on the very rich and, instead, […]

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D.C. Circuit Review – Reviewed: Prill!

by Aaron Nielson — Friday, Feb. 24, 2017@Aaron_L_Nielson

Today the D.C. Circuit applied the Prill doctrine. There are many things about administrative law that I do not know well, but Prill is not one of them. In fact, Daniel Hemel and I are currently working on an article all about Prill (which we dub Chevron Step One-and-a-Half). We’ll publish it later this year. […]

Nominate Your Favorite AdLaw Article/Book, Student Note & Agency Official for Annual ABA AdLaw Section Awards

by Chris Walker — Wednesday, Feb. 22, 2017@chris_j_walker

Here’s the nomination information for each of these three awesome administrative law awards from the ABA Section of Administrative Law and Regulatory Practice. From the call for nominations: Nominations for 2017 are open! Visit the Awards page on our website to learn more about requirements and submitting nominations.   Award for Scholarship in Administrative Law […]

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Due Process Sleight of Hand, by Jill E. Family

by Jill Family — Tuesday, Feb. 21, 2017

[2/21 3:10PM Update: The final signed versions of the Kelly guidance memos are available here. The final version of the relevant memo includes the same rationale about immigration court backlogs discussed in this post.] Are these the actual guidance memos? Two guidance memos signed by Secretary of Homeland Security Kelly recently surfaced that appear to […]

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The Constitutionality of the Trump Organization’s Illegal (?) Chinese Trademark

by Andy Grewal — Tuesday, Feb. 21, 2017

Over the past week, several sources reported that the Trump Organization finally won its long-running battle to obtain a Chinese trademark. See, e.g., CNN (Feb. 17, 2017). A “squatter” had previously registered the trademark, which related to the use of the Trump name in construction-related businesses. But after years of litigation and administrative petitions, the […]

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Repealing Economic Substance Codification and Replacing It With What?

by Daniel Hemel — Monday, Feb. 20, 2017

The Republican effort to repeal the Affordable Care Act appears to be stalling. If and when it picks up again, the fate of section 7701(o) of the Internal Revenue Code will be far from the most consequential issue at stake. But section 7701(o), the provision added by the ACA that codifies the tax law economic […]

D.C. Circuit Review – Reviewed: Breaking News (From About Three Weeks Ago)

by Aaron Nielson — Saturday, Feb. 18, 2017@Aaron_L_Nielson

One of the most important cases the D.C. Circuit decided last year was the so-called Amtrak case. As I mentioned last month, the government’s cert petition was due February 6th. No petition, however, was filed. Instead, the United States determined that it would not seek certiorari at all. Accordingly, the panel decision — with its […]