Monthly Archives: January 2018

Confessions of an Administrative Law Pollyanna, by Richard J. Pierce Jr.

by Guest Blogger — Tuesday, Jan. 16, 2018

Viewed from the perspective of a student preparing to take a final exam in administrative law, the doctrinal status quo with respect to judicial review of agency actions is a confused mess. Courts apply, and scholars debate, at least two versions of Skidmore, at least five versions of Chevron, and a constantly evolving version of […]

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The Limits of Presidential Power: A Citizen’s Guide to the Law

by Nicholas Bagley — Saturday, Jan. 13, 2018

That’s the title of a new book by Lisa Manheim and Kathryn Watts. From the press release: The book emerged from a class Watts and a colleague put together — at the request of students — within weeks of Trump’s election. The feedback they received, along with news coverage of the class, helped to confirm […]

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D.C. Circuit Review – Reviewed: The Middle Chapters

by Aaron Nielson — Friday, Jan. 12, 2018@Aaron_L_Nielson

Have you ever read the unabridged Les Misérables?* One of my favorite activities — unfortunately, not one I do all that often — is reading 19th century fiction. For a long time, my favorite author was Thackeray. Recently, however, I’ve started re-reading the greatest hits of Victor Hugo. And sure enough, Les Misérables is an […]

A Rare Separate Statement (ACUS Update)

by Emily Bremer — Thursday, Jan. 11, 2018@emilysbremer

Last week, I highlighted ACUS’s five recently adopted recommendations, including Recommendation 2017-5, Agency Guidance Through Policy Statements.  It is noteworthy that this recommendation was accompanied by a rare separate statement, this one from ACUS Senior Fellow Professor Ronald M. Levin. Section 302.6(c)(1) of ACUS’s bylaws, which allows members to publish separate statements, provides that: A member who disagrees in whole or in […]

Bureaucratic Exit and Loyalty under Trump

by Jennifer Nou — Tuesday, Jan. 9, 2018@Jennifer_Nou

Donald Trump loves drama. His tweets more often provoke feuds than illuminate policies. To many of its observers, the Trump Presidency is also a nail-biter of a different sort: will the separation-of-powers survive him? Or is a constitutional “crisis” (whatever that means) afoot? All this hand-wringing occurs amidst a multi-front assault on the administrative state. […]

Administrative Law SSRN Reading List, December 2017 Edition

by Chris Walker — Monday, Jan. 8, 2018@chris_j_walker

Happy new year! 2017 was a great year for administrative law scholarship. Here is the final (December) 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. A Bureaucracy – If You Can Keep It by Mila Sohoni (131 Harvard Law […]

Video of AALS/Federalist Society Panel on Reform Proposals for the Administrative State

by Chris Walker — Saturday, Jan. 6, 2018@chris_j_walker

On Thursday, I had the privilege of participating on a terrific administrative law panel at the American Association of Law Schools Annual Meeting in San Diego. The Federalist Society organized the panel, which meant the four panelists brought very diverse perspectives to the discussion on how to reform the administrative state. Here’s the description of the […]

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Against Cutting the President’s Purse Strings, by Zach Price

by Guest Blogger — Saturday, Jan. 6, 2018

As Chris Walker generously highlighted in an earlier post, I have written a forthcoming article on a separation-of-powers question I think has received insufficient attention: the extent of Congress’s authority to control executive constitutional authorities through restricted or conditional appropriations. For those interested, I have summarized my main arguments in prior posts on the Take […]

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D.C. Circuit Review – Reviewed: Resolved 2018

by Aaron Nielson — Friday, Jan. 5, 2018@Aaron_L_Nielson

Something unexpected happened last Saturday night. I was hard at work — true story, grading exams — in my home when the clock struck midnight. At that moment I heard fireworks! And it was not just from one house. I was more than a little puzzled. Who in the world would launch fireworks to celebrate […]