Monthly Archives: July 2017

The Obstruction Statute as Structural Law, by Aneil Kovvali

by Guest Blogger — Monday, July 24, 2017

In a recent working paper and op-ed, Professors Daniel Hemel and Eric Posner argue that the federal statute banning obstruction of justice applies to the president, and that the president would violate the statute if he intervened in an investigation to advance his personal interests. Hemel and Posner suggest that this can be reconciled with […]

Stephen Presser on Law Professors Shaping American Law

by Chris Walker — Monday, July 24, 2017@chris_j_walker

Last week I had the opportunity to debate/discuss the modern administrative state with Stephen Presser at an event hosted by the Federalist Society’s Austin, Texas, Lawyers’ Chapter. In preparation for our discussion, I read Professor Presser’s fascinating new book Law Professors: Three Centuries of Shaping American Law. Although the book is not focused on administrative law, I […]

Attention AdLaw Practitioners: ACUS Is Hiring an Attorney Advisor!

by Chris Walker — Monday, July 24, 2017@chris_j_walker

From the ACUS website: ATTORNEY ADVISOR POSITION The Conference encourages lawyers who may be interested in serving as an attorney advisor to send a brief letter, accompanied by a resume and transcript (official or unofficial), expressing their interest and identifying the approximate date on which they would be available to start. The ideal candidate would […]

Arbitration can obscure safety problems in nursing homes

by Nicholas Bagley — Monday, July 24, 2017

This is the third post in a series on a proposed CMS rule that would eliminate an Obama-era ban on pre-dispute arbitration for nursing home residents. For the intro, see here. As I explored in my last post, the research suggests that malpractice law doesn’t much improve the quality of care in nursing homes. If that’s […]

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D.C. Circuit Review – Reviewed: Epigraphs

by Aaron Nielson — Friday, July 21, 2017@Aaron_L_Nielson

Judge Henderson of late has been adding epigraphs to her opinions. Last week she did it in Maze v. IRS: “No taxes can be devised which are not more or less inconvenient and unpleasant.” And this week she did it in Bellagio, LLC v. NLRB: In Vegas, everybody’s gotta watch everybody else. Since the players […]

The Future of Financial Regulation Just Got Much More Interesting

by Peter Conti-Brown — Tuesday, July 18, 2017

Last week brought news of two major appointments at the Fed: Mark Van Der Weide, a long-time lawyer in the Fed’s supervision and regulation division, will be the new general counsel, and Randy Quarles has been nominated (and is expected to be confirmed) as the first Vice Chair for Supervision and member of the Fed’s […]

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The Logical Outgrowth Doctrine and FDA’s Intended Use Revisions

by Patti Zettler — Tuesday, July 18, 2017@pzettler

Cross-Posted on Objective Intent In January FDA published a controversial revision to its regulations defining a product’s “intended use” that, among other things, has raised an interesting logical outgrowth question. “Intended use” is an important concept in FDA law because a product’s intended use—judged by the “objective intent of the persons legally responsible for the [product’s] labeling”—can […]

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If Trump Jr. Didn’t Know Campaign Finance Law, He Won’t Be Prosecuted

by Andy Grewal — Sunday, July 16, 2017

A controversy has recently erupted over a June 2016 meeting between some members of the Trump campaign team, including the President’s son, Donald Trump Jr., and at least one Russian citizen. The Trump campaign’s version of events has shifted several times, and new details continue to emerge. However, it appears that Trump Jr.’s desire to […]

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