Monthly Archives: May 2018

On the Supreme Court Docket — Guido v. Mt. Lemmon School District: Numerosity Requirements in the ADEA and Other Employment Discrimination Statutes (Part II)

by Bernard Bell — Tuesday, May 15, 2018

This is the second of two posts regarding Guido v. Mt. Lemmon School District,  Dkt. No. 17-587, currently on the Supreme Court docket for the October 2018 Term.  The case involves the applicability of Age Discrimination in Employment Act of 1967’s (ADEA) numerosity requirement, 29 U.S.C.A. § 630(b), to public employers. In my prior post […]

Over at TaxProf Blog: Glogower on Wallace on OIRA/Presidential Review of Tax Regulations

by Chris Walker — Saturday, May 12, 2018@chris_j_walker

Over at TaxProf blog, my colleague Ari Glogower reviews Clint Wallace‘s Centralized Review of Tax Regulations, which is forthcoming in the Alabama Law Review. Last year I read an earlier draft of Wallace’s fascinating paper, which has become all the more important in light of the memorandum of understanding the White House’s Office of Information and Regulatory Affairs […]

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D.C. Circuit Review – Reviewed: [Under Seal]

by Aaron Nielson — Friday, May 11, 2018@Aaron_L_Nielson

For two days this week, there was a mystery in the D.C. Circuit: Why did the Court rule against “James Mattis, in his official capacity as Secretary of Defense” in Doe v. Mattis? As you probably already know, the case is about the government’s authority to transfer a U.S. citizen — also a citizen of […]

On the Supreme Court Docket — Guido v. Mt. Lemmon School District: Numerosity Requirements in the ADEA and Other Employment Discrimination Statutes (Part I)

by Bernard Bell — Thursday, May 10, 2018

The U.S. Supreme Court granted certiorari in Guido v. Mt. Lemmon School District.  — U.S. — , 138 S.Ct. 1165 (February 26, 2018).  Presumably, it did so to resolve a Circuit split regarding the application of the Age Discrimination in Employment Act of 1967’s (ADEA) numerosity requirement, 29 U.S.C.A. § 630(b), to public employers.  In […]

Disparate Impact and the Administrative Procedure Act

by Nicholas Bagley — Thursday, May 10, 2018

This post was co-authored with Eli Savit, an attorney and adjunct professor at the University of Michigan Law School. In a New York Times op-ed this week, we argued that a Michigan bill that would impose work requirements on Medicaid beneficiaries violates Title VI of the Civil Rights Act of 1964, which prohibits any program […]

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There’s No Justification for Michigan’s Discriminatory Work Requirements

by Nicholas Bagley — Wednesday, May 9, 2018

This post was co-authored with Eli Savit, an attorney and adjunct professor at the University of Michigan Law School. As we highlighted yesterday in the New York Times, a Michigan bill to impose work requirements on Medicaid recipients would have severe racially discriminatory effects.  The bill exempts people from the work requirement if they live […]

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Quick Reaction to Bray’s Argument that the APA Does Not Support Nationwide Injunctions

by Chris Walker — Tuesday, May 8, 2018@chris_j_walker

Over at the Volokh Conspiracy, Sam Bray has this fascinating and timely post on why the Administrative Procedure Act (APA) does not allow for nationwide injunctions: Sometimes the question is asked whether the Administrative Procedure Act authorizes courts to give national injunctions, because it says that a “reviewing court shall . . . hold unlawful and […]

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Michigan’s Discriminatory Work Requirements

by Nicholas Bagley — Tuesday, May 8, 2018

That’s the title of an op-ed that Eli Savit and I just published at the New York Times. For those who are too poor to afford health insurance, Medicaid is a lifeline. This joint federal and state program doesn’t care whether you’re white or black, Christian or Muslim, Republican or Democrat, a city-dweller or a […]

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Over at The Regulatory Review: Headless Agency Adjudication at the Patent Office

by Chris Walker — Friday, May 4, 2018@chris_j_walker

Over at The Regulatory Review, Melissa Wasserman and I have an essay about the Supreme Court’s decision last week in Oil States and our new paper The New World of Agency Adjudication, which is forthcoming in the California Law Review. Here’s a snippet from our Regulatory Review essay: Last week, the U.S. Supreme Court upheld the constitutionality of […]

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