Monthly Archives: March 2017

CFP: Chapman Law Review’s Constraining the Executive Branch Symposium

by Chris Walker — Friday, Mar. 24, 2017@chris_j_walker

Here’s the call for papers: The Chapman Law Review is pleased to invite article submissions on the theme: “Constraining the Executive Branch.” Publications will appear in a symposium edition, and authors will receive an honorarium. The executive branch is often criticized for overreaching its powers. Legal issues arise regarding constraining such powers through legislation and […]

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Did the GSA Properly Find Trump’s “Full Compliance” With the D.C. Hotel Lease?

by Andy Grewal — Friday, Mar. 24, 2017

Commentators have argued that the Trump Old Post Office LLC (Trump Hotel LLC) has violated its lease agreement with the General Services Administration (GSA) from the moment that Donald Trump took the Presidential oath. The lease agreement, which relates to the federally owned property through which the D.C. Trump Hotel operates its hospitality business, states […]

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Confusion over essential health benefits

by Nicholas Bagley — Friday, Mar. 24, 2017

The post has been revised to take into account feedback on how best to understand the manager’s amendment. Last night, House Republicans released the text of the final manager’s amendment to the American Health Care Act, including changes to the rules governing the essential health benefits. With these tweaks, the House hopes to pass the bill today. House […]

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Gorsuch on Chevron Deference, Round II

by Chris Walker — Thursday, Mar. 23, 2017@chris_j_walker

In a post entitled Gorsuch on Chevron, Eric Posner has posted the brief Q&A on Chevron deference from the first round of questioning of Judge Gorsuch before the Senate Judiciary Committee. For adlaw geeks, this exchange is definitely fascinating. During secound round, however, Judge Gorsuch went into much greater detail regarding his views on Chevron deference. […]

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Spring Meeting Dates on Marketable Permits (ACUS Update)

by Emily Bremer — Wednesday, Mar. 22, 2017@emilysbremer

The Administrative Conference has announced new committee meeting dates for another of its spring projects, all of which I recently previewed.  The new dates are as follows: The Committee on Regulation will meet to discuss the Marketable Permits project on Tuesday, March 28 at 2 pm and Thursday, April 13 at 2 pm. Please also note that the […]

Save the Date: 13th Annual Administrative Law Institute, May 18-19 in DC

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

Here’s a preview: Join us for the 13th Annual Administrative Law & Regulatory Practice Institute Thursday May 18th – Friday May 19th, 2017 Capital Hilton 1001 16th St. NW Washington, D.C. 20036 Topics at a Glance: The Rulemaking Process Judicial Review of Rules The Congressional Review Act’s Sudden Reemergence From the “Pen and Phone” to […]

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Sherley You’re Joking

by Nicholas Bagley — Wednesday, Mar. 22, 2017

In a provocative post from last week, Adam White argued that the D.C. Circuit’s 2012 decision in Sherley v. Sebelius could create difficulties for parties who challenge agency actions taken pursuant to President Trump’s executive orders. Adam makes some good points, but I think Sherley is so badly reasoned that its holding ought to count […]

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New Spring Meeting Dates Announced (ACUS Update)

by Emily Bremer — Tuesday, Mar. 21, 2017@emilysbremer

The Administrative Conference has announced new committee meeting dates for one of its spring projects, which I recently previewed.  The new dates are as follows: The Committee on Rulemaking will meet to discuss the Negotiated Rulemaking project on Thursday, March 23 at 9:30 am and Thursday, April 13 at 9:30 am. If you would like […]

Klonick on the New Governors of Online Speech (AdLaw Bridge Series)

by Emily Bremer — Tuesday, Mar. 21, 2017@emilysbremer

Kate Klonick has a fascinating new article forthcoming in the Harvard Law Review examining how private online platforms, including Facebook, Twitter, and YouTube, regulate user speech.  Entitled The New Governors: The People, Rules, and Processes Governing Online Speech, the article is an important contribution to the understanding of how private entities regulate conduct and enforce public law norms […]