Monthly Archives: May 2019

71st Plenary Agenda: Comments Due June 6 (ACUS Update)

by Emily Bremer — Wednesday, May 29, 2019@emilysbremer

The Administrative Conference will host its 71st Plenary Session on Thursday, June 13th at the George Washington University Law School, in the Jacob Burns Moot Court Room at 2000 H Street NW, Washington, DC 20052. The Assembly will consider amendments to ACUS’s bylaws and four recommendations. From the Federal Register notice announcing the meeting, the recommendations address […]

Two Regulatory Reform Bills Introduced

by Bridget C.E. Dooling — Wednesday, May 29, 2019@BridgetDooling

Following up on my post about a Congressional hearing on regulatory reform before the U.S. Senate Committee on Homeland Security and Governmental Affairs Subcommittee on Regulatory Affairs and Federal Management (RAFM), two new bills were introduced on May 13. Both bills grew out of that hearing (video & written testimony available on the HSGAC website). The Early […]

Administrative Law SSRN Reading List, April 2019 Edition

by Christopher J. Walker — Sunday, May 26, 2019@chris_j_walker

Here is the April 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. Neoclassical Administrative Law by Jeffrey A. Pojanowski (Harvard Law Review forthcoming) [CJW Note: I read an earlier draft of this paper for our Third Annual Administrative Law […]

D.C. Circuit Review – Reviewed: Erie as Nondelegation?

by Aaron Nielson — Friday, May 24, 2019@Aaron_L_Nielson

The D.C. Circuit is a fascinating court. If you don’t believe me, you probably aren’t reading this post. If you are reading this post and you still don’t believe me, you will soon. That said, the D.C. Circuit is a quirky court. It’s docket is odd. There are some criminal appeals (as you’ll see from […]

Is the Death of the Blue Slip and Senate Hold Now Inevitable?

by Sam Wice — Friday, May 24, 2019@Wice_sam

Much of a senator’s influence comes from the power to say no. Part of this traditional influence are the blue-slip and hold processes. The blue-slip process has historically required each home-state senator to return a “blue slip” stating that the senator supports a judicial nominee before the Senate will consider a nominee. Likewise, a hold has historically […]

Making Soup from a Single Oyster? CREW v. DOJ and the Obligation to Publish Office of Legal Counsel Opinions (Part III)

by Bernard Bell — Tuesday, May 21, 2019

Summary: This three-post series discusses Citizens for Responsibility & Ethics in Wash. v. U.S. Dep’t of Justice, which affirmed dismissal of a suit to require publication of all Office of Legal Counsel (“OLC”) opinions.  This final post offers tentative thoughts on the applicability of FOIA’s affirmative disclosure requirements to OLC opinions. Some Thoughts on Whether […]

ABA AdLaw Section’s 15th Annual Administrative Law & Regulatory Practice Institute, May 31, 2019 at Ritz-Carlton Pentagon City

by Christopher J. Walker — Friday, May 17, 2019@chris_j_walker

We are two weeks away from the ABA AdLaw Section’s 15th Annual Administrative Law & Regulatory Practice Institute. Our annual spring conference is a lighter, one-day conference, which focuses on 101 topics and current developments in administration law. The annual fall conference, by contrast, is our two-day extravaganza with dozens of panels on basic and […]