Monthly Archives: July 2019

The FCC (and Administrative Law) at the Supreme Court, October Term 2018

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

Over at Randy May’s Free State Foundation, I’ve posted a short essay that reviews the four major administrative law cases from this last Term and notes their potential implications for the FCC. Here’s the introduction: The October Term 2018 was a busy one for administrative law at the Supreme Court, but not for the Federal Communications […]

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Adjudicating Internecine Quarrels

by Bernard Bell — Monday, July 29, 2019

Summary: This post discusses the question of whether a state instrumentality or subdivision can sue the state of which it is a part, and if so, under what circumstances.  The answer is a complicated one involving four distinct sets of sub-questions. The idea for this blogpost came from Tweed-New Haven Airport Authority v. Tong, — […]

New Chicago-Kent Law Review Symposium Issue: The Trump Administration and Administrative Law

by Christopher J. Walker — Saturday, July 27, 2019@chris_j_walker

Here are the details and links to this terrific symposium, from the Chicago-Kent Law Review website: Vol. 94, Issue 2 The Trump Administration and Administrative Law SYMPOSIUM EDITOR Peter L. Strauss Columbia Law School Table of Contents Live Symposium Articles Preface Peter L. Strauss, Columbia Law School 94 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 229 (2019) Prosecutors at the Periphery […]

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Herz on Nou on Bureaucratic Resistance

by Christopher J. Walker — Saturday, July 27, 2019@chris_j_walker

Earlier this week over at JOTWELL, Michael Herz reviewed Jennifer Nou’s latest work on bureaucratic resistance — Civil Servant Disobedience — which was just published in the Chicago-Kent Law Review as part of a terrific symposium Peter Strauss organized on administrative law in the Trump Administration. You can check out the full symposium issue here. Here’s […]

D.C. Circuit Review – Reviewed: Dead Hands

by Aaron Nielson — Friday, July 26, 2019@Aaron_L_Nielson

I’m on vacation so this will be a quick post. Thankfully, the D.C. Circuit cooperated — we have just two cases. My “con law” friends spend a lot of time thinking about dead hands. Normatively, why is it, they wonder, that decisions made by those who have long since died continue to have legal effect, […]

Due Process, Immigration Judges, and Immigration Officers , by Richard J. Pierce, Jr.

by Guest Blogger — Wednesday, July 24, 2019

The Supreme Court has long emphasized the requirement of a neutral decision maker as a critical component of the process that is due any individual who has a dispute with government.[1] The Court has also emphasized the importance of the interest an individual has at stake in identifying the procedures required by due process.[2] Yet, […]

Teaching Voluntary Codes and Standards to Law Students

by Emily Bremer — Tuesday, July 23, 2019@emilysbremer

The most recent issue of the Administrative Law Review has a unique offering: a mini-symposium of teaching guides to help instructors introduce students to voluntary codes and standards in a variety of law school classes.  I authored one of the guides, on incorporation by reference, while Cary Coglianese and Gabriel Scheffler authored the second guide, on […]

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Does the Fourteenth Amendment Require Collecting Citizenship Data? (Part 2), by Thomas Berry

by Guest Blogger — Monday, July 22, 2019

In Part 1 of this post, I explained why commentators are correct that Section 2 of the Fourteenth Amendment, known as the Penalty Clause, requires that the federal government collect citizenship data. In this Part, I will explain why it is nonetheless unlikely that this administration, or any administration, will attempt to actually enforce the […]

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Nondelegation after Gundy

by Christopher J. Walker — Saturday, July 20, 2019@chris_j_walker

This Term, in Gundy v. United States, the Supreme Court once again considered whether a statutory grant of authority (here, under the Sex Sex Offender Registration and Notification Act) to a federal agency or executive branch official (here, the Attorney General) violates the nondelegation doctrine. As students of administrative law know, the Court has interpreted […]