Monthly Archives: August 2017

ABA AdLaw Section’s Annual Homeland Security Law Institute, September 25-27, 2017

by Christopher J. Walker — Wednesday, Aug. 30, 2017@chris_j_walker

The American Bar Association’s 12th Annual Homeland Security Law Institute (HSLI) will be held this year at George Washington University in Washington, D.C., on September 25-27, 2017.  This three-day event is one of the largest gatherings of homeland security lawyers and policymakers in the United States.  The Institute is an annual look at the state of […]

Join the ABA Section of Administrative Law and Regulatory Practice

by Christopher J. Walker — Tuesday, Aug. 29, 2017@chris_j_walker

In the latest issue of the Administrative & Regulatory Law News, outgoing ABA AdLaw Section Chair Renee Landers has call for administrative law practitioners and scholars to join the ABA AdLaw Section. With permission, I’m posting her Chair’s Comment here. I want to echo Renee’s call that you consider joining the ABA AdLaw Section, which […]

This entry was tagged .

FSU’s Environmental Law Without Courts Symposium Issue

by Christopher J. Walker — Thursday, Aug. 24, 2017@chris_j_walker

Last year I blogged about a terrific symposium hosted by the Florida State University College of Law, entitled Environmental Law Without Courts. Florida State’s Journal of Land Use and Environmental Law just published the symposium issue, which includes short essays by the various presenters and shorter reactions by the assigned respondents. My contribution, Lawmaking Within Federal Agencies […]

This entry was tagged .

Why Trump’s Renewed Push for Healthcare Reform Could Lead to Vastly Different CBO Estimates, by Sam Wice

by Guest Blogger — Thursday, Aug. 24, 2017

Future Congressional Budget Office (CBO) estimates of healthcare legislation, even identical legislation to what CBO has already reviewed, may be vastly different because of the peculiarities of the reconciliation process. Despite the recent failure of healthcare legislation, President Trump has advocated for Republicans to pass a healthcare bill to replace the Affordable Care Act. However, […]

This entry was tagged .

Who is Chevron for?, by Anya Bernstein

by Guest Blogger — Thursday, Aug. 24, 2017

In June, the D.C. Circuit vacated part of an FCC order regulating inmate phone rates. The majority opinion focused on the FCC’s statutory jurisdiction over intra-state phone provision. But as Aaron Nielson noted on this blog, administrative law watchers may be interested in the opinion for its odd treatment of Chevron deference. As I suggest […]

This entry was tagged .

A judge rules that EEOC’s rule on wellness programs is busted.

by Nicholas Bagley — Wednesday, Aug. 23, 2017

Back in November 2015, I criticized a proposed rule about wellness programs that the Equal Employment Opportunity Commission was then considering. The rule would have allowed employers to impose a financial penalty—up to 30 percent of annual premiums—on employees who declined to participate in a wellness program. The trouble was that the Americans with Disabilities […]

This entry was tagged .

Why the Bank Examination Privilege Is Breaking Down, by Eric B. Epstein

by Guest Blogger — Wednesday, Aug. 23, 2017

Federal oversight of the banking industry generally takes place through bank examinations. A bank examination is a confidential, non-public dialogue between a regulator and a bank about the bank’s policies and practices. During this dialogue, bank examiners and banks depend on a federal rule known as the bank examination privilege. However, this rule is beginning […]

The Evolution of Benefit-Cost Analysis into Federal Rulemaking, by Jim Tozzi

by Guest Blogger — Monday, Aug. 21, 2017

Nearly fifty years ago Alan Schmid, a visiting professor working at the Office of the Secretary of the Army, made a game changing announcement to his colleagues in the Systems Analysis Group housed in the Pentagon. Schmid argued that the then use of benefit-cost analysis, which was applied to capital expenditure projects such as dams […]

This entry was tagged .