Monthly Archives: December 2017

D.C. Circuit Review – Reviewed: Thoughts from Judge Randolph

by Aaron Nielson — Friday, Dec. 8, 2017@Aaron_L_Nielson

The D.C. Circuit issued no opinions this week. But that doesn’t mean there is no news. For instance, Adam Feldman suggested yesterday that Judge Brett Kavanaugh may be “The Next Nominee to the Supreme Court.”* Likewise, Judge Raymond Kethledge of the Sixth Circuit published a significant essay about Chevron — in which he discusses his […]

Government Funding Ends Today (Not Tomorrow)

by Sam Wice — Thursday, Dec. 7, 2017

This blog post updates two of my previous blog posts regarding continuing resolutions ending a day earlier than intended. Unlike the December 8 date that Congress and commentators believe is the deadline for a government shutdown, a close reading of the Continuing Appropriations Act, 2018 (“CR”) shows that the deadline is likely a day earlier. The […]

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Administrative Law SSRN Reading List, November 2017 Edition

by Chris Walker — Wednesday, Dec. 6, 2017@chris_j_walker

Here is the November 2017 edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law eJournal, which is edited by Bill Funk. And it’s a terrific set of papers, perfect timing for law professor winter break reading (after grading finals!). You’ll note one recurring theme: The 2017 […]

The CFTC and SEC Are Demanding Unconstitutional Speech Bans in Their Settlement Agreements, by James Valvo

by Guest Blogger — Monday, Dec. 4, 2017

Many federal agencies have the authority to bring civil complaints against individuals accused of violating applicable statues or regulations. Those agencies also have the authority to enter into settlement agreements with the accused defendants. The Commodity Futures Trading Commission (“CFTC”) and Securities and Exchange Commission (“SEC”) both have a policy of requiring a provision in […]

Perspectives on the FCC’s Proposed Restoring Internet Freedom Order

by Chris Walker — Monday, Dec. 4, 2017@chris_j_walker

The Free State Foundation has released a set of short, generally positive reactions to FCC Chairman Ajit Pai’s proposed Restoring Internet Freedom Order, which would undo the FCC’s net neutrality/open internet order. The contributors include Babette Boliek, Timothy Brennan, Michelle Connolly, Robert Crandall, Richard Epstein, Gus Hurwitz, Daniel Lyons, James Prieger, and Christopher Yoo. I also contributed a […]

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Why the End of This Year Is the Worst Possible Time to Pass Tax Reform

by Sam Wice — Friday, Dec. 1, 2017

Republicans hope to pass tax reform before Christmas so that they can go back to their constituents over the Winter Holidays and talk about their accomplishments.  However, because of the Pay-As-You-Go Act (PAYGO), passing tax reform at the end of the year would be the worst possible time to pass tax reform as it would […]

The SEC’s Subdelegated Appointments Power

by Jennifer Nou — Friday, Dec. 1, 2017@Jennifer_Nou

Yesterday, the Securities and Exchange Commission (SEC) hedged its bets: it issued an order ratifying the prior appointments of its administrative law judges (ALJs). The order also called for fresh proceedings in pending actions before these newly-blessed ALJs. The SEC did all of this to “put to rest” the argument — now pursued by the […]