Monthly Archives: January 2019

ABA AdLaw Section’s 13th Annual Homeland Security Law Institute, February 29th

by Chris Walker — Friday, Jan. 18, 2019@chris_j_walker

13th Annual Homeland Security Law Institute Thursday February 21, 2019 | Ritz-Carlton Pentagon City, Arlington, VA Please join us on Thursday, February 21, 2019, at the Pentagon City Ritz-Carlton for the 13th annual Homeland Security Law Institute. This year’s conference will feature important updates on recent legislative and regulatory changes impacting the Department of Homeland […]

Fallout from Lucia—The Unconstitutionality of the Environmental Appeals Board and Interior Board of Land Appeals, by William Funk

by Guest Blogger — Friday, Jan. 18, 2019

In Lucia v. SEC, 138 S.Ct. 2044 (2018), the Supreme Court held that administrative law judges (ALJs) are officers of the United States, not employees. Therefore, their appointment must accord with the Appointments Clause of the Constitution. Article II, Section 2, clause 2. No one suggested they were principal officers, who must be appointed by […]

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The Shutdown’s Evolving Effects on Rulemaking

by Bridget C.E. Dooling — Thursday, Jan. 17, 2019@BridgetDooling

I have a piece up in The Hill with some initial thoughts about 5 ways the partial federal shutdown is playing out in the rulemaking process. The punchline is that the longer key aspects of the federal regulatory process remain idle, the harder it will be for the president to make progress on his deregulatory goals. […]

Free Teleforum: A Supreme Court Case Challenge to Auer and Seminole Rock Deference

by Aaron Nielson — Thursday, Jan. 17, 2019@Aaron_L_Nielson

Last month, the Supreme Court granted certiorari regarding an important question of administrative law: Whether to overrule Auer and Seminole Rock Deference. To provide background, the American Bar Association’s Section of Administrative Law and Regulatory Practice has an organized a free teleforum on January 24; all you have to do is register. (As an aside, […]

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The Missing Legislative History of Azar v. Allina, by John Cannan

by Guest Blogger — Wednesday, Jan. 16, 2019

When the Supreme Court hears oral argument in the case of Azar v. Allina, No. 17-1484, it may miss key legislative history, showing Congress intended to apply the APA’s notice and comment requirement to significant Medicare interpretive decisions. That’s because contemporaneous legislation, that mostly mirrors some language adopted to apply the APA to Medicare that […]

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Announcing the Fourth Annual Administrative Law New Scholarship Roundtable, by Miriam Seifter

by Guest Blogger — Wednesday, Jan. 16, 2019

I’m pleased to announce that the University of Wisconsin Law School will host the 4th Annual Administrative Law New Scholarship Roundtable on June 9-11, 2019. For the past three years, the Roundtable has offered administrative law scholars an excellent opportunity to get feedback on their work from senior scholars in a collaborative setting. From the […]

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ACS Writing Competition on Administrative Law, by Debra Perlin

by Guest Blogger — Tuesday, Jan. 15, 2019

The American Constitution Society for Law and Policy is currently accepting submissions for its twelfth annual Richard D. Cudahy Writing Competition on Regulatory and Administrative Law, honoring the late Judge Cudahy’s contribution to the field.  The competition is open to all lawyers and law students and seeks submissions related to American regulatory or administrative law, […]

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Patricia Wald’s Great Legacy, by Jeffrey Lubbers

by Guest Blogger — Tuesday, Jan. 15, 2019

The world (and especially the world of Administrative Law) suffered a great loss on January 12 when Patricia Wald succumbed to cancer at the age of 90. The Washington Post’s excellent obituary was entitled, “Patricia Wald, pathbreaking federal judge who became chief of D.C. Circuit, dies at 90.” She was a pathbreaker in more ways […]

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Carissa Hessick on the Presumption of Regularity

by Andrew Hessick — Monday, Jan. 14, 2019@andyhessick

One doctrine that often comes up in challenges to government actions is the presumption of regularity. Under the presumption, courts assume that government officials properly discharged their official duties unless there is evidence showing otherwise.  Courts have invoked it to give the government the benefit of the doubt in challenges to agency actions. If there are both […]

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