Monthly Archives: September 2018

Hot off UCLA Law Review Press: The Safeguards of Our Constitutional Republic Symposium

by Christopher J. Walker — Sunday, Sept. 30, 2018@chris_j_walker

As I blogged about back in January, the UCLA Law Review organized a terrific live symposium entitled The Safeguards of Our Constitutional Republic. The print issue just came out. Here’s a rundown of the written contributions from the UCLA Law Review website, with links to each essay: IN PRINT: VOLUME 65, ISSUE 6 JON D. […]

Oct. 5 Event: Mass and Fake Rulemaking Comments (ACUS Update)

by Emily Bremer — Sunday, Sept. 30, 2018@emilysbremer

If you’re in the DC area this week, ACUS and the Administrative Law Review are co-hosting an interesting forum on Mass and Fake Comments in Agency Rulemaking.  From ACUS’s Administrative Fix blog, here’s a summary of the subjects to be discussed: When agencies propose new regulations, the Administrative Procedure Act requires that they provide interested […]

Empirical Insight into the Use of Seminole Rock Doctrine (Part II), by William Yeatman

by Guest Blogger — Friday, Sept. 28, 2018

In my last post, I presented the results of an empirical investigation into Seminole Rock deference as a judicial methodology. Below, I lend perspective to these results. Deference to Agency Interpretations of Non-Regulatory Texts Is an Understudied Area of Administrative Law Perhaps the most noteworthy finding of this analysis is that the Seminole Rock framework […]

D.C. Circuit Review – Reviewed: A New Cert Grant

by Aaron Nielson — Friday, Sept. 28, 2018@Aaron_L_Nielson

Well. This was not a quiet week in the D.C. Circuit — even though the Court didn’t decide any cases.* But there is a bit of D.C. Circuit news worth noting. The Supreme Court granted certiorari in Azar v. Allina Health Services. And what is the pressing question? Enjoy: Maybe a bit more background is […]

Empirical Insight into the Use of Seminole Rock Doctrine, by William Yeatman

by Guest Blogger — Wednesday, Sept. 26, 2018

Under the Supreme Court’s Seminole Rock (or Auer) doctrine, Article III courts give binding deference to an agency’s regulatory interpretation “unless it is plainly erroneous or inconsistent with the regulation.” In an effort to better understand Seminole Rock deference as judicial methodology, I recently took a deeper dive into a dataset I had created for […]

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Standing Arguments in Litigation Challenging Trump’s Regulatory “Two-for-One” EO (Part 1)

by Bridget C.E. Dooling — Tuesday, Sept. 25, 2018@BridgetDooling

In my last post on this topic, I offered a brief summary of the litigation in the U.S. District Court for the District of Columbia challenging President Trump’s regulatory “two-for-one” executive order, EO 13771. In short, the case was initially dismissed for lack of standing, the plaintiffs amended their complaint, the government responded, and we […]

Oh SNAP!: The Battle Over “Food Stamp” Redemption Data That May Radically Reshape FOIA Exemption 4 (Part III-A)

by Bernard Bell — Sunday, Sept. 23, 2018

This is my third post regarding the stay of the mandate in Food Marketing Institute v. Argus Leader Media. The Supreme Court appears ready to consider, and potentially upend, the well-developed Circuit law defining the scope of Freedom of Information Act (“FOIA”) Exemption 4 — the National Parks/Critical Mass doctrine.  My first post described the […]

Hot off ABA Press: Developments in Administrative Law and Regulatory Practice 2017

by Christopher J. Walker — Saturday, Sept. 22, 2018@chris_j_walker

From my inbox: NEW! Developments in Administrative Law and Regulatory Practice 2017 Edited by Robert Divis This resource offers practitioners in administrative law, and those interested in this area of law, an understanding of the developments in the four core areas of administrative law in 2017 (e.g. Adjudication, Constitutional Law and Separation of Powers, Judicial […]

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Administrative Law SSRN Reading List, August 2018 Edition

by Christopher J. Walker — Friday, Sept. 21, 2018@chris_j_walker

This month has been busy, so I’m late with the August 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. But it’s a really excellent set of papers:   Deep Fakes: A Looming Challenge for Privacy, Democracy, and […]