Monthly Archives: May 2018

69th Plenary Agenda (ACUS Update)

by Emily Bremer — Tuesday, May 29, 2018@emilysbremer

The Administrative Conference will host its 69th Plenary Session on June 14th and 15th, 2018.  If you have attended previous plenary sessions and are planning to attend this one, please note the new location!  For the first time, the Assembly will meet in the Jacob Burns Moot Court Room at George Washington University Law School.  The agenda for the meeting […]

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Hatch-Waxman and Defective Generic Drug Labels: The Disjunction Between Federal Drug Safety Law and State Warning Defect Law (Part I)

by Bernard Bell — Tuesday, May 29, 2018

Consider the following hypothetical.  A drug company develops and patents a pharmaceutical to sell under brand-name.  It secures FDA approval and enjoys its patent monopoly for many years.  But after that patent monopoly expires, generic brand-makers flood into the market and undercut the brand-name’s price.  Pharmacists substitute the generic for the brand name.  The label […]

Administrative Law SSRN Reading List, April 2018 Edition

by Chris Walker — Monday, May 28, 2018@chris_j_walker

May has gotten away from me with final exam grading and the start of my law school’s Washington, DC, summer program, which I direct.  But here is the April 2018 edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law eJournal, which is edited by Bill Funk. The […]

Significant Rollback of Dodd-Frank Signed Into Law

by Kwon-Yong Jin — Monday, May 28, 2018

On May 24, 2018, President Trump signed into law “Economic Growth, Regulatory Relief, and Consumer Protection Act,” to date the most significant rollback of the financial regulatory framework set up by the Dodd-Frank Wall Street Reform and Consumer Protection Act (enacted in 2010). The bill had previously passed the Senate in March and the House […]

Finality, Guidance Documents, and San Francisco’s Challenge to a Guidance Repeal, by Alisa Tiwari, Ryan Yeh, and Christine Kwon

by Guest Blogger — Monday, May 21, 2018

San Francisco City Attorney Dennis Herrera filed a lawsuit[i] on April 5, 2018, challenging U.S. Attorney General Jeff Sessions’s repeal of six Department of Justice (DOJ) civil rights guidance documents. The lawsuit argues that Sessions rescinded these civil rights protections for marginalized communities without meaningful explanation, in violation of the Administrative Procedure Act (APA). *** […]

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Context-Specific Seminole Rock Reform, by Aneil Kovvali

by Guest Blogger — Monday, May 21, 2018

Applying deference under Bowles v. Seminole Rock, 325 U.S. 410 (1945), courts have deferred to agency interpretations of agency rules for decades. But a recent concern that the doctrine permits agencies to combine the powers of lawmaking and law interpretation has prompted Congress and the courts to consider reform. In a new Essay, forthcoming in […]

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Plausible Deniability: Selective Disclosure of Information and FOIA

by Bernard Bell — Thursday, May 17, 2018

Unofficial leaking has been in the news recently, and is never far away from public consciousnesses.  But “[g]overnment officials and military officers, from the President on down, routinely authorize leaks for policy or political purposes.”  Jack Nelson, U.S. government Secrets and the Current Crackdown on Leaks 2 (2002), accessible at, https://shorensteincenter.org/wp-content/uploads/2012/03/2003_01_nelson.pdf?x78124. Suppose intelligence officials want […]

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Call for Submissions: ABA AdLaw Section’s Administrative and Regulatory Law News

by Chris Walker — Wednesday, May 16, 2018@chris_j_walker

The editorial board of the Administrative and Regulatory Law News (ARLN), the quarterly publication of the ABA Section of Administrative Law and Regulatory Practice, is seeking submissions on current topics in administrative law from practitioners, academics, judges, or anyone else with an interest in administrative law. Submissions should be approximately 1500-2000 words and may be submitted to […]

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