Monthly Archives: September 2017

The Regulators: Our Invisible Government (1982 PBS documentary now on C-SPAN)

by Chris Walker — Monday, Sept. 18, 2017@chris_j_walker

Many of us remember seeing the 1982 PBS documentary The Regulators: Our Invisible Government in our administrative law course in law school. C-SPAN has made this instant adlaw classic available for public viewing on its website here. [HT Linda Jellum!] Here’s a summary of the documentary from C-SPAN: The Regulators The Regulators: Our Invisible Government is a 1982 […]

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September 30 Is Not the Deadline for Legislative Changes to the Affordable Care Act, by Sam Wice

by Guest Blogger — Saturday, Sept. 16, 2017

Republicans have tried to use the reconciliation process to change/repeal the Affordable Care Act (Obamacare).   Despite voting on several proposals, Republicans have not been able to get 50 votes to pass any legislation under reconciliation. The Senate parliamentarian recently declared that at the end of the fiscal year, September 30, the reconciliation instructions Republicans could […]

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D.C. Circuit Review – Reviewed: Fifth Circuit Edition

by Aaron Nielson — Friday, Sept. 15, 2017@Aaron_L_Nielson

I love the U.S. Court of Appeals for the Fifth Circuit. Many years ago I flew to Houston for a clerkship interview with Judge Jerry Smith. I had never been to Houston before; indeed, I may not have ever been to Texas before. When I arrived, I remember worrying about the humidity and the heat. […]

The Study Committee to Amend the Revised Uniform Law on Notarial Acts

by Brian Lewis — Friday, Sept. 15, 2017

Uniform Law Commission Acts and Projects Part 4 The Study Committee to Amend the Revised Uniform Law on Notarial Acts The Uniform Law Commission (ULC) approved a drafting committee to Amend the Revised Uniform Law on Notarial Acts (RULONA) to authorize remote notarization without geographic limits on the location of the signer and to address […]

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Can the courts stop ACA waivers from taking effect?

by Nicholas Bagley — Thursday, Sept. 14, 2017

Iowa has submitted a waiver proposal under section 1332 of the Affordable Care Act that, if granted, would radically reshape its individual insurance market; Oklahoma may soon do the same. Both states have been accused of relying on some magical numbers, and Iowa’s waiver appears to violate the ACA’s guardrails, which require states to assure […]

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Register to Attend a Discussion of “The Year Ahead: Regulation in the Supreme Court and the Circuits”

by Jennifer Mascott — Tuesday, Sept. 12, 2017@jennmascott

On Friday, September 29, the Hoover Institution and the Antonin Scalia Law School’s Center for the Study of the Administrative State will host a lunchtime panel discussion on circuit court and Supreme Court litigation in the coming Term that may impact the landscape of administrative law.  With the advent of Justice Gorsuch to the Supreme […]

A Status Update on Criticisms of Auer and Chevron Deference

by Chris Walker — Monday, Sept. 11, 2017@chris_j_walker

Back in April the Georgetown Center for the Constitution and the Institute for Justice organized a terrific conference entitled Challenging Administrative Power. The Georgetown Journal of Law and Public Policy generously agreed to publish the papers presented at the conference, and that conference issue is forthcoming early next year. For my short conference contribution, I decided […]

Fall 2017 Projects (ACUS Update)

by Emily Bremer — Monday, Sept. 11, 2017@emilysbremer

The Administrative Conference of the United States will soon begin fall committee meetings on a slate of projects targeted for completion at the 68th annual plenary session, to be held in December.  These projects include: (1) Plain Language in Regulatory Drafting; (2) Agency Guidance; (3) Regulatory Waivers and Exemptions; and (4) Regulatory Experimentation.  A description (taken […]