Monthly Archives: February 2019

Administrative Law SSRN Reading List, January 2019 Edition

by Christopher J. Walker — Thursday, Feb. 28, 2019@chris_j_walker

Just barely getting this up in February, but here is the January 2019 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. On the Senate’s Purported Constitutional Duty to Meaningfully Consider Presidential Nominees to the Supreme Court of the […]

Empiricism and Privacy Policies in the Restatement of Consumer Contract Law, by Gregory Klass

by Guest Blogger — Thursday, Feb. 28, 2019

The draft Restatement of the Law of Consumer Contracts invokes six quantitative studies of judicial decisions. Each study seeks to collect all available decisions on a legal question, published and unpublished; codes those decisions for factors such as issue, outcome, procedural posture, jurisdiction, and citations; and analyzes the coded data to determine majority rules, trends, […]

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“The Administration of Immigration Law” — A Call for Papers

by Adam White — Wednesday, Feb. 27, 2019

One of the most active areas of regulation and reform, at the intersection of civil law, criminal law, and national security, is immigration. The administration of immigration law involves state and federal agencies in every major city in the country.  A major priority of the Trump administration, the United States Department of Homeland Security and […]

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Unclear Words, Clear Intent: Tenth Circuit Revives Extraterritorial Application of Federal Securities Laws

by Kwon-Yong Jin — Monday, Feb. 25, 2019

Recently, in SEC v. Scoville, the U.S. Court of Appeals for the Tenth Circuit held that the Dodd-Frank Act authorized extraterritorial enforcement of federal securities laws’ antifraud provisions by the government. This case is particularly notable in that it is the first circuit court case to clarify the ambiguous relationship between the Supreme Court’s rejection […]

Does Agency Structure Affect Agency Decisionmaking? Implications of the CFPB’s Design for Administrative Governance, by Roberta Romano

by Guest Blogger — Friday, Feb. 22, 2019

A core question in the study of administrative agencies is how, if at all, organizational structure impacts agency decisionmaking. To put that broad question into a more readily testable hypothesis: does the extent of an agency’s independence from political control affect the choice of instrument by which it regulates? This fundamental question can be informed […]

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The Legality of the Wall Is Not Primarily a National Emergency Question

by Sam Wice — Friday, Feb. 22, 2019@Wice_sam

Although the national emergency declaration is getting much of the attention, its legality will not primarily determine whether President Trump can build a wall along the border with Mexico. Specifically, only about a quarter of the additional funding President Trump wants to use to build the wall would come through his national emergency authority. Instead, the […]

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Employing the Travaux préparatoires of the 1967 Protocol to Defend the Rights of Vulnerable Migrants, By Robert F. Barsky

by Guest Blogger — Thursday, Feb. 21, 2019

I have amassed close to a thousand pages of letters, minutes of meetings, memos and reports that from repositories of the UNHCR, the Rockefeller Foundation, the Carnegie Foundation, the Swiss archives, as well as various university library repositories. They offer precise details concerning the negotiations that produced the 1967 Protocol to the 1951 Geneva Convention, […]

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Temporal Changes in Informational Privacy Rights

by Bernard Bell — Wednesday, Feb. 20, 2019

Summary: California’s SB 1421 withdrew peace officers’ right of informational privacy in government files relating to officer-involved shootings and other alleged officer misconduct.  Does a presumption against retroactivity apply to the withdrawal of informational privacy rights such that SB 1421 presumptively applies only to investigative files regarding future alleged officer misconduct?  This post discusses the […]

The United States Owes Tens of Billions, Says the Court of Federal Claims (Part 2).

by Nicholas Bagley — Tuesday, Feb. 19, 2019

In yesterday’s post, I canvassed the latest decisions from the Court of Federal Claims in the fight over whether insurers can recover cost-sharing payments. Three different judges have now concluded—rightly, in my view—that the United States has breached its payment obligation and must pay damages. The harder question is how to calculate those damages. Should […]

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