Monthly Archives: May 2017

Esquivel-Quintana and Chevron

by Andrew Hessick — Wednesday, May 31, 2017@andyhessick

Yesterday, the Court decided Esquivel-Quintana v. Sessions, an immigration case implicating Chevron. Under Chevron, of course, courts and agencies are bound by unambiguous statutes. But if a statute is ambiguous, courts must defer to reasonable interpretations of that statute rendered by the agency charged with interpreting that statute.   One issue underlying Chevron is identifying what […]

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Proposed Section 553(c)(6) of the Regulatory Accountability Act and Soliciting Grassroots Support, by Bernard W. Bell

by Guest Blogger — Wednesday, May 31, 2017

The Senate Homeland Security and Government Affairs Committee reported out S. 591, the Regulatory Accountability Act of 2017. The bill’s proposed addition of section 553(c)(6) to the Administrative Procedure Act warrants attention. The provision has already been the focus of consideration in The Regulatory Review: Daniel E. Walters, Ditch the Flawed Legislative Proposal to Police […]

Why the Trump Hiring Freeze Is Likely Illegal?, by Sam Wice

by Guest Blogger — Friday, May 26, 2017

President Trump’s hiring freeze is likely illegal. In an effort to reduce the size of the federal workforce, President Trump instituted a general hiring freeze on new federal workers. Subsequently, President Trump issued a memo instructing agencies to “begin taking immediate actions to achieve near-term workforce reductions and cost savings, including planning for funding levels […]

The Uniform Electronic Legal Material Act

by Brian Lewis — Friday, May 26, 2017

Uniform Law Commission Acts and Projects Part 2 The Uniform Electronic Legal Material Act Increasingly, state governments are publishing laws, statutes, agency rules, and court rules and decisions online.  In some states, important state-level legal material is no longer published in books, but is only available online.  While electronic publication of legal material has created […]

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D.C. Circuit’s Double-Header on Article II

by Jennifer Mascott — Friday, May 26, 2017@jennmascott

This week the D.C. Circuit sitting en banc heard arguments in its blockbuster (by Washington standards) double-header featuring the appointments and removal implications of Article II. In a nutshell, the cases address whether Article II’s transparency and accountability requirements mean (i) a single head of an executive branch agency must be removable at will (PHH […]

Prosecutorial Discretion at ICE: My Latest FOIA Adventure, by Shoba Sivaprasad Wadhia

by Guest Blogger — Friday, May 26, 2017

Prosecutorial discretion refers to the decision made by employees of the Department of Homeland Security (DHS) about whether and to what extent immigration laws should be exercised against a person or group of persons. When DHS chooses to not pursue arrest or detention of an undocumented mother living in the United States for many years […]

SAS Institute Inc. v. Lee: The Chevron Challenge Below the Surface, and Why Administrative Lawyers Should Sometimes Care About Patent Cases, by Bill Burgess

by Guest Blogger — Thursday, May 25, 2017

In 2011, Congress gave the Patent Office new rulemaking power, and created new adjudicative proceedings at the Patent Office before panels of “administrative patent judges.” These proceedings have generated hundreds of new appeals to the Federal Circuit, some of which are exceptionally well-lawyered and present interesting administrative law issues. These cases have recently started to […]

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An Administration Takes Sides, by Andrew M. Grossman

by Guest Blogger — Thursday, May 25, 2017

The eccentricities, let’s say, of the current President obscure something very interesting and important that is occurring now in the regulatory system. So I will try, in my seven or so minutes, to describe what’s changed and why it represents the beginning of a serious reimagining—yes, a serious one—of the regulatory process. As a baseline […]

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The New Director-General of the World Health Organization

by Sam Halabi — Thursday, May 25, 2017

On May 23, 2017, the World Health Assembly, the decision-making body of the World Health Organization, elected Tedros Adhanom Ghebreyesus as the new Director-General of WHO.  Dr Tedros, a former Ethiopian Health Minister, is the first African leader of the international organization.  WHO is distinct among international organizations for its ability to initiate both treaties […]

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