Monthly Archives: April 2017

Senators Heitkamp and Portman Introduce New Regulatory Accountability Act

by Chris Walker — Wednesday, Apr. 26, 2017@chris_j_walker

The video of today’s press conference is here, and I’ve pasted below Senator Portman’s press release on the legislation. This is an important and thoughtful proposal to modernize the Administrative Procedure Act, and I will have much more to say about it in the coming weeks (once my Senate academic fellowship concludes). Here’s the press release: […]

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The Opioid Addiction Prevention Act and the Best Distribution of Regulatory Activity over Illicit and Prescription Opioids

by Sam Halabi — Tuesday, Apr. 25, 2017

There is substantial evidence that opioid addiction poses a significant threat to individual and public health in the United States.  The CDC reports that the majority of drug overdose deaths (more than six out of ten) involve an opioid.  Since 1999, the number of overdose deaths involving opioids quadrupled. From 2000 to 2015 more than […]

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Donald Trump’s Enforcement Plan and the Future of Discretion, by Shoba Sivaprasad Wadhia

by Guest Blogger — Tuesday, Apr. 25, 2017

When the Department of Homeland Security makes the choice to refrain from bringing charges against an undocumented person working at a restaurant or to freeze a removal order for a woman who serves as a primary caregiver to her U.S.-citizen children, the agency is favorably exercising “prosecutorial discretion,” which refers to the decision by DHS […]

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Emoluments Clause: Ivanka Edition

by Andy Grewal — Monday, Apr. 24, 2017

Ivanka Trump, the daughter of President Trump, recently changed her position in the White House from informal advisor to unpaid government employee. See CNN (Mar. 29, 2017). Through this change, Ivanka, referred to here by her first name to avoid confusion with her father, became officially subject to various statutory ethics rules. Though the relevant […]

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FOIA’s Affirmative Publication Obligations and Plaintiff-Focused Injunctive Relief, by Bernard W. Bell

by Guest Blogger — Monday, Apr. 24, 2017

Samuel L. Bray’s forthcoming Harvard Law Review article, Multiple Chancellors: Reforming the National Injunction, argues that federal courts should eschew issuing nation-wide injunctions, no matter the importance of the question litigated or the value of nation-wide uniformity.  He urges adherence to the principle that injunctions against the federal government should be “plaintiff-protective,” providing relief only to […]

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Feinstein on Congressional Oversight of the Executive Branch (AdLaw Bridge Series)

by Emily Bremer — Saturday, Apr. 22, 2017@emilysbremer

Political control of administrative agencies is a hot topic these days.  And Brian D. Feinstein has a timely new article, Congress in the Administrative State, forthcoming in the Washington University Law Review that empirically evaluates how Congressional oversight hearings fit into the picture.  Using an original dataset constructed from inspectors general semiannual reports, Government Accountability Office annual “top management challenges” lists, […]

D.C. Circuit Review – Reviewed: Knowing is Half the Battle

by Aaron Nielson — Saturday, Apr. 22, 2017@Aaron_L_Nielson

Apologies — this will have to be a quick post. I’m traveling.* On Friday, April 21, the D.C. Circuit issued two opinions about the power of knowledge. The government lost both cases — one in which it sought information and the other in which someone else sought information from it. In CFPB v. Accrediting Council […]

Standing for the New Plaintiffs in the CREW case

by Andrew Hessick — Tuesday, Apr. 18, 2017@andyhessick

Back in January, a group of constitutional law scholars (working with Citizens for Responsibility and Ethics in Washington (CREW)) sued President Trump for violating the Emoluments Clause. In a previous post, I explained argued that those scholars did not have Article III standing because they had not alleged a cognizable injury in fact. Today, the […]

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Was James Comey a Special Prosecutor?, by Thomas A. Barnico

by Guest Blogger — Saturday, Apr. 15, 2017

Election losses bring calls for blame, and FBI Director James Comey has led the early returns. Critics continue to charge that the FBI committed errors in its investigation of Hillary Clinton and that those errors contributed to her defeat. The FBI, they argue, outran its legal writ, particularly in its summer release of its recommendation […]

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