Monthly Archives: March 2018

United States v. California: A Preliminary Assessment of the Challenge to California’s “Immigrant Worker Protection Act,” by Bernard W. Bell

by Guest Blogger — Saturday, Mar. 31, 2018

Many jurisdictions seek to protect undocumented aliens by adopting “sanctuary” policies. Those policies generally constrain the conduct of a state or local government’s own employees. They (1) prohibit public employees from gathering information on the immigration status of those with whom they interact, (2) limit public employees from sharing any such information collected with ICE, […]

14th Annual Administrative Law and Regulatory Practice Institute, April 27, 2018

by Chris Walker — Saturday, Mar. 31, 2018@chris_j_walker

From my inbox: We want to invite you to join us for our next program, the 2018 Spring Conference (14th Annual Administrative Law and Regulatory Practice Institute), on April 27, 2018 at the Park Hyatt in Washington, DC. The Spring Conference will feature a full-day of CLE panels with the top experts covering: Rulemaking 101- […]

D.C. Circuit Review – Reviewed: Underdogs

by Aaron Nielson — Friday, Mar. 30, 2018@Aaron_L_Nielson

It’s hard to be a parent. Kids these days, after all, confront an avalanche of messages. How are they supposed to process a world where so much is happening so quickly? Plus media is no help. Even child-friendly content can be surreal. And don’t get me started on today’s music! “Rolly, Rolly, Rolly,” indeed. Sometimes, […]

Should a Court Reinstate the Individual Mandate Penalty?, by Jamie Durling and Garrett West

by Guest Blogger — Friday, Mar. 30, 2018

In a recent post, Nicholas Bagley reported on the latest challenge to the Affordable Care Act. On February 26th, twenty states filed a lawsuit alleging that the individual mandate is unconstitutional. Right away, you might be wondering about two questions: Didn’t Congress repeal the individual mandate in the Tax Cuts and Jobs Act back in […]

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Census Smoke Signals

by Jennifer Nou — Thursday, Mar. 29, 2018@Jennifer_Nou

The decennial Census is a high-stakes feat. It informs government spending, business planning, and congressional apportionment. No wonder the Census Bureau takes such great pains with each question. After all, when you ask only ten questions or so, you’ve got to make them count (pun intended). You can almost hear the bureaucratic hand-wringing in the […]

Missing History in the Court-Appointed Amicus Brief in Lucia v. SEC

by Jennifer Mascott — Wednesday, Mar. 28, 2018@jennmascott

This week the amicus appointed to advocate for the lower-court judgment in Lucia v. SEC filed his brief. The case addresses whether administrative law judges in the SEC are Article II “Officers of the United States” subject to the Constitution’s Appointments Clause requirements. U.S. Const. art. II, § 2. Court-appointed amicus, Mr. Metlitsky, technically supports […]

A Comparative Perspective on Regulation versus Litigation in Corporate Law, by Dan Awrey, Blanaid Clarke, and Sean J. Griffith

by Guest Blogger — Monday, Mar. 26, 2018

Regulation by litigation has been the dominant regulatory modality in U.S. corporate law for over a century. But that model is in crisis. The shareholder suit, the trigger of the state law-dominated, fiduciary duty-based model of regulation, has been drawn into disrepute. The crisis is most apparent in merger suits, which have been brought against […]

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Upcoming Symposium, 4/2-4/13: The Supreme Court’s Consideration of Whether SEC ALJs are “Officers” Subject to Appointments Clause Requirements (Lucia v. SEC)

by Jennifer Mascott — Monday, Mar. 26, 2018@jennmascott

Regular readers of this blog may have been following along with us here at “Notice and Comment” as we have reported on the twists and turns of litigation challenging the constitutionality of hiring procedures for administrative law judges in the Securities and Exchange Commission. On April 23, the litigation’s fascinating path will culminate in Supreme […]

New Meeting Dates and Materials for Spring 2018 Projects (ACUS Update)

by Emily Bremer — Monday, Mar. 26, 2018@emilysbremer

The Administrative Conference’s work on its spring projects is well underway.  In recent days, additional meeting dates, and new draft reports, draft recommendations, and written member comments have been posted for several of the projects under consideration.  These include: (1) an additional meeting for the project on Administrative Judges; (2) a new meeting date and draft […]