Monthly Archives: January 2019

Shutdown Irregularities

by Bridget C.E. Dooling — Monday, Jan. 28, 2019@BridgetDooling

The longest shutdown in the history of the federal government ended yesterday. It lasted 35 days. It was a partial shutdown, but its effects unfold for months, if not longer. While I was trolling around on various .gov websites (dear reader, do I need better hobbies? I think we both know the answer is “no”), […]

Kozel on Stare Decisis and Overturning Chevron and Auer Deference

by Christopher J. Walker — Saturday, Jan. 26, 2019@chris_j_walker

This week the Supreme Court set oral argument in Kisor v. Wilkie for March 27th. Kisor presents the question whether the Court should overturn Auer deference — the doctrine that commands courts to defer to an agency’s interpretation of its own regulation so long as it is not plainly inconsistent. Last year I published a short […]

How Trump Era Immigration Enforcement Violates the Law, by Geoffrey A. Hoffman

by Guest Blogger — Friday, Jan. 25, 2019

Since the Trump era began more than two years ago with the election of 2016, the administration has put into place an increasingly draconian legal regime of restrictions against immigrants. Navigating these outrageous examples of executive overreach has been challenging. The current administration has attempted to cloak the new restrictions under the guise of quasi-legality. […]

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Administrative Law SSRN Reading List, December 2018 Edition

by Christopher J. Walker — Friday, Jan. 25, 2019@chris_j_walker

This year has been a terrific one for new administrative law scholarship, and I’m looking forward to drafts of new papers being posted to SSRN in the coming weeks and months as the spring law review submission cycle begins. But here is the final 2018 edition — the December 2018 Edition — of the most-downloaded […]

Congress Might Already Have Trump’s Taxes

by Andy Grewal — Thursday, Jan. 24, 2019

Since the control of the House switched earlier this month, Democrats have reiterated their desire to obtain President Trump’s tax returns. According to a recent Wall Street Journal article, Rep. Richard Neal, the chairman of the Ways & Means Committee, intends to request those returns from the IRS. My prior posts have examined some of […]

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Is a Wealth Tax Constitutional?

by Christopher J. Walker — Thursday, Jan. 24, 2019@chris_j_walker

With the Washington Post breaking the news today that Elizabeth Warren has proposed a wealth tax, my super-smart tax colleague Ari Glogower has posted to SSRN a working draft of a new paper that explores the constitutionality of various approaches to a wealth tax. For those interested in the subject, it’s definitely worth a read. […]

Penn Program on Regulation 2019 Executive Education Certificate Program in Regulatory Analysis and Decision-Making

by Christopher J. Walker — Thursday, Jan. 24, 2019@chris_j_walker

From the Penn Program on Regulation website: Who Should Attend This executive program is intended for any executive or professional who interacts with regulatory decisions. It is well-suited for executives or professionals from around the world who work with regulation at the local, state, provincial, regional, national, or international levels, whether from business or government. […]

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“Technology, Innovation, and Regulation” — A Call for Papers

by Adam White — Wednesday, Jan. 23, 2019

In an era of astonishing technological innovation, how should we think about modernizing regulation? For all of their disagreements, Presidents Barack Obama and Donald Trump both recognized the risk that incumbent regulatory programs might unintentionally burden or brake valuable technological innovation. In Executive Order 13563, President Obama paid special attention to the need to “promote […]

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