Monthly Archives: November 2017

What Republicans Could Do If Tax Reform Fails

by Sam Wice — Friday, Nov. 17, 2017

To avoid a Senate filibuster, Republicans are using the reconciliation process to pass tax reform.  As part of their reconciliation instructions, Republicans allowed tax reform to increase the deficit by up to $1.5 trillion over the next ten years.  Even though tax reform can add to the deficit over the first ten years of the proposal, […]

“The tradeoff here is both simple and brutal.”

by Nicholas Bagley — Thursday, Nov. 16, 2017

“Republicans want to pay for a permanent corporate tax by taking insurance from millions of people. Is that who we are as a nation?” That’s the end of my latest op-ed in the Washington Post. Here’s the beginning. To finesse the tricky politics and brutal math of tax reform, Senate Republicans now say that they want to […]

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Peasant Land Ownership: The Context for Maklakov’s Sins of Omission, by Stephen F. Williams

by Peter Conti-Brown — Thursday, Nov. 16, 2017

The following post is from guest blogger Stephen F. Williams, a judge on the US Court of Appeals for the DC Circuit. Yesterday I posted a brief discussion of Maklakov’s failure to seek solutions to the “ad law” problems of the Stolypin land reforms: administration by officials of the ministry of internal affairs who were […]

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The Hidden Structural Antagonist in Stephen Williams’s The Reformer: How One Liberal Fought to Preempt the Russian Revolution

by Sam Halabi — Monday, Nov. 13, 2017

Many thanks to Peter and, of course, Judge Williams for a book rich with lessons for historians, scholars of the administrative state, and, for me, at least, international relations. In a world where autocracy remains common if more threatened, Judge Williams sets out to explore the prerequisites for autocracies to transition (peacefully, it would appear) […]

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Introducing The Reformer: How One Liberal Fought to Preempt the Russian Revolution, by Stephen F. Williams

by Peter Conti-Brown — Monday, Nov. 13, 2017

I’m very pleased to introduce a series of posts this week on the fascinating new book, The Reformer: How One Liberal Fought to Preempt the Russian Revolution, by Stephen F. Williams. Regular readers might wonder why a blog on regulation and administrative law would spend a week on a book about Vasily Maklakov, a somewhat […]

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D.C. Circuit Review – Reviewed: “The Nielson Presumption”

by Aaron Nielson — Friday, Nov. 10, 2017@Aaron_L_Nielson

Note: Another quiet week in the D.C. Circuit. This week’s post will be short — especially because I’m traveling. This week the D.C. Circuit formally announced an interesting policy: “Earlier this year, the Court agreed to provide live audio streaming of arguments upon request in an individual case if the panel assigned to the case […]

Confessions of an “Anti-Administrativist”: My Response to This Year’s Foreword

by Aaron Nielson — Friday, Nov. 10, 2017@Aaron_L_Nielson

Every year the Harvard Law Review publishes its Foreword — a prominent scholar’s take on the Supreme Court’s latest term and the law generally. This year’s author is Gillian Metzger, a giant of administrative law. And her article is quite provocative — 1930s Redux: The Administrative State Under Siege. Here is the first sentence: “Eighty […]

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AALS New Voices in Administrative Law Call for Proposals and Reviewers

by Chris Walker — Thursday, Nov. 9, 2017@chris_j_walker

From Professor Lou Virelli: The AALS Administrative Law Section is pleased to announce its “New Voices in Administrative Law” program for the 2018 AALS Annual Meeting in San Diego. The New Voices program is designed to give junior administrative law scholars an opportunity to discuss their work with their more senior colleagues in an informal […]

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Janet Yellen, Fed Chair Emerita, Governor Extraordinaire

by Peter Conti-Brown — Thursday, Nov. 9, 2017

With the news that President Trump decided to break decades of tradition in failing to reappoint Janet Yellen, the question now turns to Yellen’s post-Chair fate. Quirks in the governance of the Federal Reserve I’ll describe in a moment mean that her options aren’t just about retirement: although unusual, Yellen could stay at the Fed […]

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