Monthly Archives: February 2018

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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How Agencies Communicate: Wrapping-Up, by Susan Morse and Leigh Osofsky

by Guest Blogger — Friday, Feb. 2, 2018

The Administrative Procedure Act and the question of judicial deference to agency action may be at the center of the typical Ad Law course syllabus. But they are far from the main topics in the story of How Agencies Communicate uncovered in this symposium. Rather than studiously following the notice and comment process to produce […]

Why Does Anyone Care What an Agency Says?

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

It’s no secret that agencies communicate with the public. Nor is it a secret that the public often listens. It is worth thinking about, however, why the public listens. Sometimes, of course, it is a not a mystery why what an agency says is important. Imagine, for instance, that an agency has authority to waive […]

How Agencies Should Communicate During Notice-and-Comment Rulemaking

by Chris Walker — Thursday, Feb. 1, 2018@chris_j_walker

As Elizabeth Porter and Kathryn Watts noted in their contribution to this symposium on how agencies communicate (as well as Michael Herz in his contribution), federal agencies have begun to utilize social media and other channels to explain and promote their preferred regulatory outcomes. Sometimes such communications take place during the public comment period on […]

Interim-Final or Temporary Regulations: Playing Fast and Loose with the Rules (Sometimes), by Kristin E. Hickman

by Guest Blogger — Thursday, Feb. 1, 2018

In administrative law doctrine, much significance is placed not only on what agencies say but on the format they use to say it. Interpretations of statutes expressed in legislative rules carry the force of law—i.e., are legally binding on private parties—so must comply with Administrative Procedure Act (APA) notice and comment requirements and usually are […]

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Updated ACUS Summary of Recent Administrative Law Reform Bills

by Chris Walker — Thursday, Feb. 1, 2018@chris_j_walker

The Administrative Conference of the United States (ACUS) tracks the various regulatory reform bills on a pretty regular basis. This is a terrific resource for those interested in understanding the various proposals being considered in Congress. ACUS just posted an updated summary here. Here is the description of the project: In the last several sessions […]