Monthly Archives: April 2019

Administrative Law SSRN Reading List, March 2019 Edition

by Christopher J. Walker — Tuesday, Apr. 30, 2019@chris_j_walker

This spring has produced a lot of great administrative law scholarship and a robust and exciting summer reading list. Here is the March 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. Article II Vests Executive Power, Not […]

Upcoming Event: Meet the Author with Dr. Rachel A. Potter

by Bridget C.E. Dooling — Tuesday, Apr. 30, 2019@BridgetDooling

In mid-May, the GW Regulatory Studies Center will host UVA Professor Rachel A. Potter to discuss her new book “Bending the Rules: Procedural Politicking in the Bureaucracy.” From the University of Chicago Press summary: “With Bending the Rules, Rachel Augustine Potter shows that rulemaking is not the rote administrative activity it is commonly imagined to be but […]

The 1967 Refugee Protocol and the Challenges of a Regional Agreement in Latin America, by Robert F. Barsky

by Guest Blogger — Monday, Apr. 29, 2019

In a series of blog posts, I have suggested that envisioning the 1967 Refugee Protocol as a simple amendment to the 1951 Convention, and fixating solely upon it eliminating the words ‘as a result of events occurring before 1 January 1951’, doesn’t capture the complexity of the Protocol’s creation, the context within which it was […]

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Capitol Hill Conference Next Week (5/2): The Constitution’s First Branch⏤Rediscovering the Legislative Power

by Christopher J. Walker — Wednesday, Apr. 24, 2019@chris_j_walker

Next Thursday, May 2nd, the C. Boyden Gray Center for the Study of the Administrative State will be hosting a conference on the Hill entitled The Constitution’s First Branch⏤Rediscovering the Legislative Power. Jonathan Adler and I will be participating on the first panel to discuss our current project on Congress’s role in addressing the temporal issues […]

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Retreating on Affirmative Disclosure: The Case of APHIS’s Publicly-Available Enforcement Databases

by Bernard Bell — Wednesday, Apr. 24, 2019

Summary:  This post chronicles a story of enforcement failure, shaming remedies, and replacement of proactive disclosure with reactive disclosure.  In February 2017, the Animal and Plant Health Inspection Service (“APHIS”) “took down” publicly-available databases and re-populated them with significant redactions.  The D.C. Circuit recently opined on APHIS’s action in PETA v. U.S. Department of Agriculture. […]

Administering Democracy: Policing a Partisan Census

by Jennifer Nou — Monday, Apr. 22, 2019@Jennifer_Nou

The Census Case, argued tomorrow, could influence elections for the next decade. The decennial count forms the basis for the apportionment of congressional districts and state redistricting efforts. Suffice to say that a lot of hand-wringing goes into counting people. No wonder that litigation was swift to follow the Secretary of Commerce’s decision last March […]

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Request for Proposals: Duke Law Journal’s 50th Annual Administrative Law Symposium

by Christopher J. Walker — Monday, Apr. 22, 2019@chris_j_walker

From the Duke Law Journal editors: The Duke Law Journal invites proposals for its 50th Annual Administrative Law Symposium, to be held in February 2020, at Duke University School of Law in Durham, North Carolina. The Duke Law Journal’s Administrative Law Symposium has been the premier administrative law event for over four decades. Previous symposia […]

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Chevron and FOIA Exemption 3 Statutes

by Bernard Bell — Saturday, Apr. 20, 2019

Summary:  Recently, in Wolk Law Firm v. U.S., — F.Supp.3d —, 2019 WL 1528433 (E.D. Pa. April 9, 2019), a federal district judge held that a passenger cell phone recording of a cockpit was a “cockpit voice and video recorder recording” that the NTSB could withhold from a FOIA requester.  In doing so, the judge […]

D.C. Circuit Review – Reviewed: An “Admin Law”-ish Week

by Aaron Nielson — Friday, Apr. 19, 2019@Aaron_L_Nielson

The D.C. Circuit issued an opinion this week about legislative prayer. This prompts a question: Should I blog about it? I think the opinion is well written. I also think the subject is important. Yet the opinion hardly seems related to administrative law — and this blog is hosted by the Yale Journal on Regulation […]