Monthly Archives: November 2018

2nd Edition Release: A Guide to the Federal Torts Claims Act, by Paul Figley

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

The ABA Section of Administrative Law and Regulatory Practice just announced the release of the second edition of A Guide to the Federal Torts Claims Act, by Paul Figley. Here’s the description: This practical guide provides a simplified, easy to read concise overview of the Federal Tort Claims Act (FTCA) and its jurisprudence. It is useful […]

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The Whitaker Appointment Controversy and Some Potential Collateral Damage

by Andy Grewal — Tuesday, Nov. 13, 2018

Shortly after the 2018 midterm elections, President Donald Trump accepted Attorney General Jeff Sessions’ resignation. Under a default statutory rule, when the office of Attorney General becomes vacant, the Department of Justice’s Deputy Attorney General may “exercise all the duties of that office.” See 28 U.S.C. § 508. If this provision had applied, Deputy Attorney […]

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Re-Imagining OIRA: A Call for Papers on the Future of Regulatory Budgets, Cost-Benefit Analysis, and White House Regulatory Oversight

by Adam White — Sunday, Nov. 11, 2018

A CALL FOR PAPERS As the White House’s Office of Information and Regulatory Affairs nears its fortieth birthday, we tend to spend a lot of time thinking about its history. But in a constitutional government that is nearly 230 years old, OIRA is actually very, very young—less a monument than an experiment. Instead of thinking […]

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The Trump administration targets the contraception mandate

by Nicholas Bagley — Friday, Nov. 9, 2018

With the midterms out of the way, HHS has released two final rules affording employers wide leeway to opt out of the so-called contraception mandate. The first exempts employers with religious beliefs from the obligation to include contraception in the health insurance package they offer to their employees. The second does the same for employers […]

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Guido v. Mt. Lemmon School District: The Supreme Court Decides

by Bernard Bell — Wednesday, Nov. 7, 2018

Yesterday, the Court decided Mount Lemon First District v. Guido, Dkt No. 17-587, 2018 WL 5794639 (Nov. 6, 2018), its first merits opinion of the October 2018 term.  The question presented was whether the Age Discrimination in Employment Act of 1967 (ADEA) applied to political subdivisions regardless of whether they employed 20 or more employees.  […]

Highlights of the Brookings Series on Regulatory Process and Perspective

by Bridget C.E. Dooling — Tuesday, Nov. 6, 2018@BridgetDooling

Last year, Chris Walker shared a heads up about a series hosted by the Brookings Center on Regulation and Markets on Regulatory Process and Perspective. The series has developed really nicely, offering a data-driven insights in this important field. A few recent highlights that I keep coming back to for reference: Trump’s deregulatory efforts keep […]

Too Smart by Half?: Naperville Smart Meter Awareness v. City of Naperville

by Bernard Bell — Tuesday, Nov. 6, 2018

Benjamin Franklin may have discovered electricity, but it was the men who invented the meter who made the money.  Earl Wilson (American journalist 1907-1987) Like the milkmen of an earlier day, meter readers and their monthly meter readings, may become a thing of the past, as utility companies replace analogue energy meters with digital “smart” readers.  […]

The Other Birthright Citizenship Question—Who Decides?, by Gillian Chadwick & David S. Rubenstein

by Guest Blogger — Monday, Nov. 5, 2018

President Trump sparked a frantic response from advocates and scholars this week when he announced that he could terminate birthright citizenship for children of undocumented parents with an executive order. The bulk of that response has focused on the question of what the Constitution means with respect to birthright citizenship. The other question raised by […]