Monthly Archives: August 2019

Administrative Law SSRN Reading List, July 2019 Edition

by Christopher J. Walker — Monday, Aug. 26, 2019@chris_j_walker

With the end of summer and start of classes, August has been a busy one. But here is the July 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. The President’s Tax Returns by Andy Grewal The Solicitor […]

FOIA Exemption 3’s Clear Statement Rule and the Canon of Repeal by Comprehensive Revision: Everytown for Gun Safety v. ATF

by Bernard Bell — Thursday, Aug. 22, 2019

FOIA Exemption 3 allows agencies to withhold documents in response to FOIA requests regarding “matters that are … specifically exempted from disclosure by statute.” 5 U.S.C. § 552(b)(3)(A).  To be “specifically exempted” by statute, the statute must (i) prohibit disclosure “in such a manner as to leave no discretion on the issue,” or “(ii) establishe[] […]

Iowa Law Review Symposium Issue: Administering Patent Law

by Christopher J. Walker — Thursday, Aug. 22, 2019@chris_j_walker

The Iowa Law Review just published a terrific symposium at the intersection of administrative law and patent law, to which I contributed an essay entitled Constitutional Tensions in Agency Adjudication. Here’s a snippet from the symposium’s introduction, penned by the faculty symposium organizer Jason Rantanen (footnotes omitted): The United States Patent and Trademark Office (“USPTO”) […]

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Lucia v. SEC—One Year Later, by Kent Barnett & Earl Cooke

by Guest Blogger — Wednesday, Aug. 21, 2019

The Supreme Court issued its opinion in Lucia v. SEC on June 21, 2018. The Lucia Court held that “the [Securities and Exchange Commission’s] ALJs are Officers of the United States, subject to the Appointments Clause” and not “simply employees of the Federal Government.” The SEC’s ALJs are “Officers of the United States” because they […]

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Call for Papers: ACS Junior Scholars Public Law Workshop @ AALS 2020

by Christopher J. Walker — Tuesday, Aug. 20, 2019@chris_j_walker

From the American Constitution Society: To further its mission of promoting the vitality of the U.S. Constitution and the fundamental values it expresses — individual rights and liberties, genuine equality, access to justice, democracy and the rule of law — ACS is pleased to announce a call for papers for a workshop on public law to […]

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Why the Senate Likely Cannot Be Called Back Into Session Under the Constitution

by Sam Wice — Saturday, Aug. 17, 2019@Wice_sam

In response to mass shootings across the country, several politicians, including President Trump, have called for increased gun-control measures. House Democrats had already passed some gun control bills before the mass shootings, and Speaker Pelosi has urged the Senate to consider the legislation. To encourage immediate action, Speaker Pelosi recently wrote a letter to President […]

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D.C. Circuit Review – Reviewed: Sausage Making

by Aaron Nielson — Friday, Aug. 16, 2019@Aaron_L_Nielson

Then-Judge Scalia penned one of the D.C. Circuit’s great sentences: “This case, involving legal requirements for the content and labeling of meat products such as frankfurters, affords a rare opportunity to explore simultaneously both parts of Bismarck’s aphorism that ‘No man should see how laws or sausages are made.’” That sentence came to mind today […]