Monthly Archives: March 2017

Judicial Review Encourages Better Economic Analysis at the SEC, by Jerry Ellig

by Guest Blogger — Tuesday, Mar. 21, 2017

One of the most controversial aspects of comprehensive regulatory reform is the potential role of courts in reviewing agencies’ Regulatory Impact Analysis or other similar economic analysis that informs regulatory decisions. The Securities and Exchange Commission provides a useful case study on the effects of such judicial review. The commission’s chief economist and general counsel […]

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Gorsuch’s Tech Law Record Raises Concerns, by Mark Grabowski

by Guest Blogger — Monday, Mar. 20, 2017

Editor’s Note: Professor Grabowski has written a longer essay on this piece in the Yale Journal on Regulation Bulletin. You can access it here! Cell phone privacy, network neutrality and encryption are some of the many tech-related issues that Neil Gorsuch could rule on if he’s successfully appointed to the U.S. Supreme Court. Gorsuch “needs to get tech,” writes Wired‘s Issie […]

The CBO-CBA Analogy, or What Wonks Could Learn from Each Other

by Jennifer Nou — Sunday, Mar. 19, 2017@Jennifer_Nou

The Congressional Budget Office (CBO) recently released its long-awaited report on the likely budgetary effects of the American Health Care Act. The legislative counterpart to the White House’s Office of Management and Budget, CBO estimates how federal spending and revenues would change as a result of proposed legislative bills. The resulting Republican talking points were […]

Spring 2017 Projects (ACUS Update)

by Emily Bremer — Sunday, Mar. 19, 2017@emilysbremer

The Administrative Conference of the United States will soon begin spring committee meetings on a slate of projects targeted for completion at the 67th annual plenary session, to be held in June.  These projects include: (1) Adjudication Materials on Agency Websites; (2) Negotiated Rulemaking; (3) Electronic Case Management in Federal Administrative Adjudication; and (4) Marketable […]

D.C. Circuit Review – Reviewed: Espionage

by Aaron Nielson — Friday, Mar. 17, 2017@Aaron_L_Nielson

This blog is hosted by the Yale Journal on Regulation — so I usually my focus on blogging on, you know, regulation. Funny that. This week, however, I am making an exception. You see, I have an important public service announcement: If a foreign state is spying on you, there is a good chance you […]

Flynn’s Foreign Emoluments Clause Problem and the Potentially Explosive Solution

by Andy Grewal — Friday, Mar. 17, 2017

As widely reported by numerous outlets, Rep. Cummings recently sent a letter to President Trump alleging, among other things, that retired Lt. General Michael Flynn violated the Foreign Emoluments Clause of the Constitution by accepting payments from Russian sources. The letter argues that Flynn now owes a debt to the United States on account of […]

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Faith in the Ninth Circuit

by Daniel Hemel — Thursday, Mar. 16, 2017

The Ninth Circuit’s decision to deny en banc review in Washington v. Trump was not, of course, the biggest development yesterday in litigation related to the President’s executive orders restricting entry from seven six overwhelmingly Muslim countries. But the Ninth Circuit’s denial of reconsideration—and, more specifically, Judge Bybee’s dissent from the denial—is worthy of attention […]

A new law blog: Take Care

by Nicholas Bagley — Thursday, Mar. 16, 2017

Today marks the launch of Take Care, a blog “devoted to insightful, accessible, and timely legal analysis of the President’s adherence to [his] duty” to take care that the laws are faithfully executed. For those worried about the rule of law in an Age of Trump (or indeed in any age), the Take Care Blog will be […]

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How Secretary Price Could Get His CBO Estimate of All Three Prongs of Republican Health Care Reform, by Sam Wice

by Guest Blogger — Wednesday, Mar. 15, 2017

The Congressional Budget Office (CBO) would likely be able to alleviate Secretary Price’s concerns about the recent CBO of the American Health Care Act if Republicans produced their comprehensive proposal for reforming Obamacare. In Monday’s CBO estimate of the American Health Care Act, CBO estimated that 24 million Americans would have health insurance and premiums […]

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Due Process Waivers in Immigration Law

by Jill Family — Wednesday, Mar. 15, 2017

The Trump Administration’s immigration law policies are shining new light on the due process gaps in immigration law. In addition to the due process issues raised by his travel ban, President Trump’s new policies on expedited removal raise legal questions about the absence of process in immigration law. There is another due process gap that […]

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