Monthly Archives: March 2018

House Procedure, Agenda Setting, and Impeachment

by Matt Glassman — Friday, Mar. 23, 2018@MattGlassman312

Earlier this week, in response to concerns that President Trump might fire Special Counsel Robert Mueller, Republican Senators Jeff Flake and Lindsey Graham warned that such a move might precipitate impeachment. Of course, Senators cannot impeach the president. The power of impeachment lies solely with the House.  Current conventional wisdom suggests that the House of […]

Situating PTAB Adjudication Within the New World of Agency Adjudication

by Chris Walker — Friday, Mar. 23, 2018@chris_j_walker

Over at Patently-O, Melissa Wasserman and I have the following guest post on our new article: In 2011, Congress created a series of novel proceedings for private parties to challenge issued patents before the newly formed Patent Trial and Appeal Board (PTAB). While the PTAB proceedings are immensely popular, they have also been controversial. A series of […]

Containing Systemic Risk by Taxing Banks Properly, by Mark Roe and Michael Troege

by Guest Blogger — Wednesday, Mar. 21, 2018

Tax specialists normally don’t focus on financial stability and financial regulators and analysts typically do not focus on taxes. This is too bad because the corporate tax structure affects financial stability and does so significantly, as we analyze in this article. The reason is simple: tax rules influence the capital structure choices of corporations in […]

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Should Dodd-Frank Protect Internal Whistleblowers?, by Todd Shaw

by Guest Blogger — Monday, Mar. 19, 2018

I have adapted this post from a forthcoming law review article that will appear in the Administrative Law Review this September entitled When Text and Policy Conflict: Internal Whistleblowing Under the Shadow of Dodd-Frank. You can view the article here. Background After the economic meltdown following the 2008 financial crisis, Congress enacted the Dodd-Frank Wall […]

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How House Republicans Could Allow President Trump to Make Recess Appointments

by Sam Wice — Thursday, Mar. 15, 2018

President Trump has recently complained that Senate Democrats have prevented his nominees from getting confirmed.  Even though the Senate eliminated the 60-vote threshold to end a filibuster on a nominee, the Senate still requires 30 hours of debate before voting on the nominee.  While Republicans have been willing to devote 30 hours of floor time for higher-level […]

Interpreting Injunctions

by Andrew Hessick — Wednesday, Mar. 14, 2018@andyhessick

Since Attorney General Sessions delivered his speech last week at the Federalist Society’s National Student Convention, there has been a lot of talk about nationwide injunctions—injunctions that prohibit the government from enforcing a law against anyone, as opposed to only against a particular plaintiff. While many people have talked about granting these injunctions, one thing that I […]

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Nonenforcement and the Dangers of Leveraging

by Aaron Nielson — Wednesday, Mar. 14, 2018@Aaron_L_Nielson

Last month I participated in a fascinating symposium hosted by the Center for Compliance Studies at Loyola University Chicago School of Law. The topic was “What is the Role of a Regulation if it is Not Enforced?” As background, in 2017 I studied waivers and exemptions for the Administrative Conference of the United States. That […]

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Congrats to Cass Sunstein on Winning the Holberg Prize!

by Chris Walker — Wednesday, Mar. 14, 2018@chris_j_walker

From the New York Times: Cass Sunstein, the Harvard law professor known for bringing behavioral science to bear on public policy (not to mention for writing a best-seller about “Star Wars”), has won Norway’s Holberg Prize, which is awarded annually to a scholar who has made outstanding contributions to research in the arts, humanities, the […]

Administrative Law SSRN Reading List, February 2018 Edition

by Chris Walker — Tuesday, Mar. 13, 2018@chris_j_walker

Wow, this month’s SSRN reading list is full of some of my favorite administrative law/public law scholars, including Bulman-Pozen, Heise, Lawson, Metzger, Michaels, Pozen, Sharkey, Stack, and Sunstein! And the papers are fascinating. Here is the February 2018 edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law […]