Monthly Archives: October 2017

How Discretion Failed One 10-Year-Old Girl and What the Future Holds, by Shoba Sivaprasad Wadhia

by Guest Blogger — Tuesday, Oct. 31, 2017

Much has been said about Rosa María Hernández, the latest target of the Trump administration’s immigration policies. The Department of Homeland Security (DHS) has the responsibility and authorization to enforce the immigration laws against those inside the United States without authorization. However, the government’s choice to target a ten-year old girl with cerebral palsy on her […]

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Call for Papers: Permits, Licenses, and the Administrative State

by Adam White — Monday, Oct. 30, 2017

The Center for the Study of the Administrative State, at George Mason University’s Antonin Scalia Law School, exists to encourage scholarship and debate regarding administrative law and the modern administrative state. It does this primarily by organizing roundtables and conferences encouraging and aiding new scholarship on significant issues. Next spring, the Center will host a workshop on “Permits, Licenses, and the Administrative […]

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Trump and the Essential Health Benefits

by Nicholas Bagley — Monday, Oct. 30, 2017

On Friday, HHS released a proposed rule that would make a number of adjustments to the rules governing insurance exchanges for 2019. The rule is long and detailed; there’s a lot to digest. Among the most noteworthy changes, however, are those relating to the essential health benefits. They’re significant, and I’m not convinced they’re legal. […]

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Assessing the Administrative Law Weaponry in the ‘War on Science,’ by Margaret Sova McCabe

by Guest Blogger — Friday, Oct. 27, 2017

Effective federal regulation has long been informed by scientific experts external to government. Since 1972, the Federal Advisory Committee Act (FACA) has operated to ensure that this external expertise is offered transparently and in a fair, balanced manner. The question explored in this post is whether our administrative law procedural safeguards are adequate to ensure […]

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Perspectives on the Patent Trial and Appeals Board: Scalia Law School Conference, 11/9

by Chris Walker — Thursday, Oct. 26, 2017@chris_j_walker

[CJW Note: Originally posted on 10/23, but reposted with agenda on 10/26] From the conference website: Perspectives on the PTAB: The New Role of the Administrative State in the Innovation Economy November 9, 2017 9:30 AM – 5:00 PM Antonin Scalia Law School, George Mason University Arlington, Virginia Co-sponsored by the Center for the Protection […]

My Thoughts via Jotwell on Dynamic Rulemaking (AdLaw Bridge Series)

by Chris Walker — Wednesday, Oct. 25, 2017@chris_j_walker

Over at Jotwell last month, I reviewed a terrific new article by Wendy Wagner, William West, Thomas McGarity, and Lisa Peters entitled Dynamic Rulemaking. It was published in the NYU Law Review earlier this year. Here’s a taste of the review: Despite bipartisan calls for more-rigorous retrospective review, we have little empirical insight into how agencies review regulations today. Enter […]

Hot off Michigan Law Review Press: Chevron in the Circuit Courts

by Chris Walker — Tuesday, Oct. 24, 2017@chris_j_walker

Earlier this month the Michigan Law Review published Kent Barnett and my Chevron in the Circuit Courts. This is the first, largely descriptive paper from our dataset of all published Chevron decisions in the courts of appeals from 2003 through 2013. Last year Dick Pierce kindly wrote up a Jotwell review of an earlier draft of […]

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Everything You Always Wanted to Know About the Chevron Doctrine, by Dan Farber

by Guest Blogger — Monday, Oct. 23, 2017

This doctrine, formerly known only to specialists, will play a large role under Trump. During the Gorsuch nomination, there was a lot of talk in the press about the Chevron doctrine. Most people have never heard of this doctrine, and only a few are aware of all the nuances. As the Trump Administration’s rulemaking efforts come before […]

Laura Dolbow Wins ABA Section of Administrative Law’s Gellhorn-Sargentich Essay Competition

by Chris Walker — Monday, Oct. 23, 2017@chris_j_walker

I hope to blog more about the faculty scholarship awards from the ABA Administrative Law Conference last week — to Adrian Vermeule for his book Law’s Abnegation and to Eloise Pasachoff for her Yale Law Journal article The President’s Budget as a Source of Agency Policy Control. But here is the Vanderbilt Law School’s press release […]

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