Monthly Archives: February 2018

D.C. Circuit Review – Reviewed: On Mock Trials

by Aaron Nielson — Friday, Feb. 16, 2018@Aaron_L_Nielson

Apologies again; this post is also a quick one. I don’t often agree with Richard Posner.* But I’m sympathetic to his criticism of “mock trials” involving real judges. This is how they work. A pair of (often famous) lawyers reimagine historical — or historical-ish — cases before a panel of honest-to-goodness judges while an audience […]

ABA Teleconference: Who Are You to Judge? The Supreme Court Revisits the Constitutionality of Agency Adjudication

by Aaron Nielson — Friday, Feb. 16, 2018@Aaron_L_Nielson

The ABA’s Section of Administrative Law & Regulatory Practice will host an interesting — and free! — teleconference on agency adjudication. Here is the information: Who Are You to Judge? The Supreme Court Revisits the Constitutionality of Agency Adjudication February 26, 2018 | 4:00 PM – 5:00 PM EST | Teleconference Decades after last considering […]

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Regulatory Scorecard: A Conversation with Administrator Neomi Rao

by Chris Walker — Thursday, Feb. 15, 2018@chris_j_walker

From the Federalist Society Regulatory Transparency Project website: In 2017, the U.S. experienced a dramatic shift in regulatory policy at the federal level. This shift is attributable to a new presidential administration that has made regulatory reform a priority. This priority is evidenced by numerous regulatory initiatives including Executive Order 13771 that directs agencies, among […]

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Fair Notice and the CFPB:  The Other Constitutional Ruling in PHH v. CFPB, by Joseph Palmore & Bryan Leitch

by Guest Blogger — Monday, Feb. 12, 2018

This month’s en banc D.C. Circuit decision in PHH Corp. v. CFPB has understandably received widespread attention for upholding the constitutionality of the CFPB’s structure in the face of a separation-of-powers challenge.  But somewhat hidden within the hundreds of pages of separate opinions in PHH was another constitutional ruling—one on which the CFPB lost and […]

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OIRA is Hiring!

by Emily Bremer — Saturday, Feb. 10, 2018@emilysbremer

The Office of Information and Regulatory Affairs is hiring a Policy Analyst!  This is a great opportunity that doesn’t come around very often.  From the job advertisement: The Office of Information and Regulatory Affairs (OIRA), within the Office of Management and Budget (OMB), is seeking candidates for a policy analyst position in OIRA’s Information Policy […]

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Administrative Law SSRN Reading List, January 2018 Edition

by Chris Walker — Saturday, Feb. 10, 2018@chris_j_walker

This month’s SSRN reading list likely constitutes the calm before the storm of new administrative law scholarship, as the spring law review season opens up and scholars begin posting new articles to SSRN. But January was still a solid month for new scholarship. Here is the January 2018 edition of the most-downloaded recent papers (those […]

Walking the Judicial-Administrative Line, by Daniel B. Listwa

by Guest Blogger — Saturday, Feb. 10, 2018

The line between a court and an administrative agency is fuzzy—but two cases this Term suggest that the Justices have an appetite for making it at least somewhat sharper. A couple of weeks ago, the Court heard Dalmazzi v. Unites States, a case in which the Justices made the unusual move of granting the motion […]

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Eliminating the Filibuster on Appropriations Bills Would Not Prevent a Shutdown

by Sam Wice — Thursday, Feb. 8, 2018

The federal government recently shut down for three days because the Senate could not pass an appropriations bill with a filibuster-proof majority.  In response, President Trump and House Republicans suggested eliminating the filibuster for appropriations bills.  However, eliminating such a filibuster would likely have prevented the Senate from considering the failed continuing resolution that Republicans […]

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D.C. Circuit Review – Reviewed: The Academy and PHH Corp.

by Aaron Nielson — Friday, Feb. 2, 2018@Aaron_L_Nielson

Earlier this week, as I was reading the en banc decision in PHH Corp. CFPB, it struck me that the Court cited a large number of law review articles. So for this bonus edition of D.C. Circuit Review – Reviewed, I asked my dutiful research assistants to put together a chart of the articles cited […]

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