Monthly Archives: January 2018

Join an ABA AdLaw Section Committee

by Christopher J. Walker — Thursday, Jan. 25, 2018@chris_j_walker

I’ve previously given my pitch (here) for why every administrative law practitioner, scholar, and student should join the ABA’s Section of Administrative Law and Regulatory Practice. I’m now seconding Linda Jellum’s recent invitation (reproduced below) for administrative law folks to join an ABA AdLaw Section committee. I co-chair the adjudication committee with ACUS Vice Chair […]

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Why Some of President Trump’s Efforts to Mitigate the Shutdown Were Likely Illegal

by Sam Wice — Tuesday, Jan. 23, 2018@Wice_sam

With the government reopening soon, I thought now would be a good time to examine some of President Trump’s actions regarding the shutdown.  To mitigate the immediate impact of the shutdown, the Trump administration did not shut down agencies that still had unused funds.  However, this decision likely violated appropriations law. The Constitution specifies that “[n]o […]

What Actually Happened in Chevron, by Richard J. Pierce, Jr.

by Guest Blogger — Tuesday, Jan. 23, 2018

Over the last few years, the debate over the Supreme Court’s 1984 opinion in NRDC v. Chevron has morphed from a debate among academics to a near hysterical debate among politicians and pundits who have never read the Court’s opinion and know nothing about the dispute that led to the Court’s opinion. In an effort […]

Draft Model Adjudication Rules Out For Public Comment (ACUS Update)

by Emily Bremer — Monday, Jan. 22, 2018@emilysbremer

In today’s Federal Register, ACUS has published a notice soliciting public comment on a revision of its 1993 Model Adjudication Rules.  Comments are due by 10:00 am EDT on Friday, February 23, 2018.  The Committee on Adjudication is having a meeting to discuss the revised rules on February 1, 2018 from 1:00 pm to 4:00 pm EDT. The project […]

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Sharkey on Rethinking Chevron Step Two (AdLaw Bridge Series)

by Christopher J. Walker — Saturday, Jan. 20, 2018@chris_j_walker

The calls to rethink Chevron deference haven’t ceased, with the primary focus being on whether to eliminate the doctrine entirely or how to narrow it further on Chevron Step Zero (think: major questions doctrine). I’ve captured those developments and arguments in an essay forthcoming in the Georgetown Journal of Law and Public Policy entitled Attacking Auer and […]

D.C. Circuit Review – Reviewed: Playing the Lottery

by Aaron Nielson — Saturday, Jan. 20, 2018@Aaron_L_Nielson

Apologies: This post was written quickly. My evening was spent at a D.C. Circuit-ish event. The D.C. Circuit and “Net Neutrality” have a long history. Here is a short, very simplified version of it.* In 2002, the FCC decided that internet access was an “information service” rather than a “common-carrier” service. The decision was challenged […]

Law Library of Congress’s Webinar – January 25, 2018

by Christopher J. Walker — Thursday, Jan. 18, 2018@chris_j_walker

If you’re looking for an introduction or quick refresher on the resource, the Law Library of Congress has a free webinar scheduled for next week. For those who teach legislation, also has a great collection of short videos on the legislative process that are available here. You can register for the webinar here, with details […]

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Call for Papers for the Administrative Law New Scholarship Roundtable

by Nicholas Bagley — Thursday, Jan. 18, 2018

I’m proud to announce that Michigan will be hosting the third annual Administrative Law New Scholarship Roundtable in June. The first two roundtables were outstanding, and I have high hopes for this year’s event. The Roundtable is an excellent opportunity for young admin law scholars to get low-pressure feedback on their work from senior scholars in the field. From […]

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