Monthly Archives: May 2019

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

by Chris 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 […]

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

by Bernard Bell — Thursday, May 16, 2019

Summary: This three-post series discusses Citizens for Responsibility & Ethics in Wash. v. U.S. Dep’t of Justice, a recent D.C. Circuit opinion affirming dismissal of a suit seeking to require publication of all Office of Legal Counsel (“OLC”) opinions.  This post critiques the decision. In Citizens for Responsibility & Ethics in Wash. v. U.S. Dep’t […]

Soft Law Often Should be Permitted to Bind Agency Staff, by Peter L. Strauss

by Guest Blogger — Tuesday, May 14, 2019

For an event honoring the scholarship of Professor Bill Funk, another contributor to this on-line symposium, I have written an essay, Domesticating Guidance, summarizing my thinking about the use and misuse of agency guidance documents. No one doubts that that the soft law of guidance documents, which do not require notice and comment under the […]

Case To Watch: Eagle v. Azar’s Hidden Chevron-Step-1 Issue

by Erika Lietzan — Tuesday, May 14, 2019@lietzan

(Cross posted from Objective Intent) Recently I spoke at the annual meeting of the Food and Drug Law Institute (FDLI) on Eagle v. Azar, which is currently on appeal to the D.C. Circuit.  At first blush the case seems of limited importance, because Eagle Pharmaceuticals is simply challenging FDA’s interpretation of statutory language that has […]

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

by Bernard Bell — Monday, May 13, 2019

Summary: This three-part series discusses a recent D.C. Circuit opinion affirming dismissal of a claim that FOIA mandates publication of all Office of Legal Counsel (“OLC”) opinions.  This post summarized OLC’s publication practices and the D.C. Circuit case — Citizens for Responsibility & Ethics in Wash. v. U.S. Dep’t of Justice.  Succeeding posts will critique […]

The Most-Cited Tax Articles of All Time

by Jonathan H. Choi — Saturday, May 11, 2019

Summer is nearly here, and for fellow tax nerds in need of beach reads, I’ve assembled a list of the 50 most widely cited tax law journal articles. The list is inspired by (and uses the same methodology as) Fred Shapiro and Michelle Pearse’s essay, The Most-Cited Law Review Articles of All Time. The list […]

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Pursuing Parrillo’s Principled Flexibility, by Kristin E. Hickman

by Guest Blogger — Friday, May 10, 2019

Everyone familiar with the intertwined spheres of administrative law and regulatory practice knows that federal agencies routinely issue informal, subregulatory pronouncements, referred to collectively as “guidance,” articulating their views regarding the law’s requirements.  Agency use, and arguable abuse, of guidance to direct the behavior of regulated parties and agency employees is a perennial topic of […]