Monthly Archives: October 2018

CFP: The Richard D. Cudahy Writing Competition on Regulatory and Administrative Law

by Chris Walker — Friday, Oct. 19, 2018@chris_j_walker

From the American Constitution Society website: About The American Constitution Society is pleased to announce the Twelfth Annual Richard D. Cudahy Writing Competition on Regulatory and Administrative Law. Judge Cudahy’s distinguished contributions to the fields of regulatory and administrative law combined a keen grasp of legal doctrine, deep insight into the institutional forces that determine […]

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D.C. Circuit Review – Reviewed: Circuit Justices

by Aaron Nielson — Friday, Oct. 19, 2018@Aaron_L_Nielson

This is a quick post — I’m traveling. Here is a little known fact about Notice & Comment. For a while, we tried to find someone to write a D.C. Circuit Review–Reviewed-style column for the Ninth Circuit, which — like the D.C. Circuit — is also home to a great deal of administrative law. Alas, […]

Afterword to Intellectual Property and the New International Economic Order Symposium (Part III of III)

by Sam Halabi — Thursday, Oct. 18, 2018

In my third and final post, I address the important points raised by Susan Sell, Peter Yu, and Henning Grosse Ruse-Khan. Professor Sell, one of the most important analysts of the rise of international intellectual property law, as well as of its winners and losers, urges caution as to how much the international intellectual property […]

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The Battle for Trump’s Taxes and the President’s Potential Revenge

by Andy Grewal — Thursday, Oct. 18, 2018

The 2018 midterm elections are around the corner, and Democrats are favored to retake the House. Democratic leaders have indicated that, should they regain control, they will perform robust investigations into President Trump and his administration. Trump’s tax returns have drawn particularly strong interest, and House Minority Leader Nancy Pelosi has already promised that obtaining […]

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Big Day for Reg Watchers!

by Bridget C.E. Dooling — Wednesday, Oct. 17, 2018@BridgetDooling

It’s a big day for folks who follow regulation! The Unified Agenda of Regulatory (and Deregulatory) Actions for Fall 2018 rolled out today along with a report on the FY 2018 results of the President’s regulatory two-for-one initiative. These are important documents because, respectively, they give us a snapshot of the government’s plans for the next […]

Congress Should Follow Its PAYGO Requirements

by Sam Wice — Wednesday, Oct. 17, 2018

Congress and President Trump have increased the deficit by simultaneously increasing spending while cutting revenue. The Department of Treasury found that the deficit has ballooned to $779 billion per year. Partly in response to the ballooning deficit, Congress formed the Joint Select Committee on Budget and Appropriations Process Reform to propose reforms to the appropriations […]

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Afterword to Intellectual Property and the New International Economic Order Symposium (Part II)

by Sam Halabi — Tuesday, Oct. 16, 2018

With this post, I continue my engagement with symposium contributors Professors Pojanowski, Walker, Osei-Tutu, and Judd and repeat my thanks for the time and care they took in reviewing the monograph.  This is the second of three posts intending to address the criticisms and suggestions made during the symposium. IV. Jeff Pojanowski provides a superb […]

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Grammar Teachers at the Supreme Court, by Jamie Durling

by Guest Blogger — Tuesday, Oct. 16, 2018

Many commentators, including a former law clerk, have described Justice Gorsuch as a devoted grammarian. In his first Supreme Court opinion, for instance, Justice Gorsuch dismissed one party’s argument by writing that its interpretation “doesn’t follow even as a matter of good grammar, let alone ordinary meaning.” Henson v. Santander Consumer USA Inc., 137 S. […]

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Call for Papers: Empirical Legal Studies Replication Conference, Deadline October 31, 2018

by Chris Walker — Monday, Oct. 15, 2018@chris_j_walker

From the Claremont McKenna College website [CJW Note: As I detailed last week, the first annual conference included a fascinating replication of the seminal Eskridge/Baer study of Chevron deference at the Supreme Court.]: Claremont McKenna College’s Program on Empirical Legal Studies (PELS) is pleased to announce the second annual Empirical Legal Studies Replication Conference to be […]

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Review of Peter J. Wallison’s Judicial Fortitude, by Alan B. Morrison

by Guest Blogger — Monday, Oct. 15, 2018

It should come as no surprise that conservatives like Peter J. Wallison, a friend and law school classmate, and now a senior fellow at the American Enterprise Institute, should want to rein in the administrative state. Nor is it remarkable that opponents of regulation, like Wallison, have focused their attention on overturning the Chevron doctrine, […]