Monthly Archives: September 2019

Can Courts Review Agency Fact-Finding Without the Help of ALJs? By Lydia K. Fuller and Daniel B. Listwa

by Guest Blogger — Monday, Sept. 30, 2019

A tide of skepticism of the administrative state has been rising among members of the judiciary and the academy—a trend only encouraged by the Trump administration’s resistance to the modern federal bureaucracy. In the last two Supreme Court Terms, this skeptical upswell has translated into a number of remarkable cases challenging key tenets of administrative […]

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Administrative Law SSRN Reading List, August 2019 Edition

by Christopher J. Walker — Monday, Sept. 30, 2019@chris_j_walker

September has been busy, and I’m just barely getting this month’s post up before October begins. But there were a lot of great new administrative law papers in August! I wish I had time to include short annotations this month. Here is the August 2019 Edition of the most-downloaded recent papers (those announced in the […]

Fall 2019 Project Preview (ACUS Update)

by Emily Bremer — Sunday, Sept. 22, 2019@emilysbremer

The Administrative Conference of the United States kicks off its fall committee meetings this week, with a slate of new projects on: (1) Acting Agency Officials and Delegations of Authority; (2) Listing Agency Officials; (3) Agency Economists; (4) Internet Evidence in Agency Adjudications; and (5) Recruiting and Hiring Agency Attorneys. These projects are targeted for completion at the 72nd […]

D.C. Circuit Review – Reviewed: A Question Answered

by Aaron Nielson — Friday, Sept. 20, 2019@Aaron_L_Nielson

A few months back I “wonder[ed] what Judges Randolph and Henderson (the panel majority in Kiyemba) think of today’s decision [in Qassim v. Trump].” We now know the answer, at least for Judge Henderson: She disapproves. Let’s back up. Qassim is about whether procedural due process applies to detainees held at Guantanamo Bay. The D.C. […]

Streamlining Adjudications at the FCC, by Randolph May

by Guest Blogger — Friday, Sept. 20, 2019

On September 3, 2019, the Federal Communications Commission released a Notice of Proposed Rulemaking intended, as the caption of the proceeding has it, to promote “streamlining of administrative hearings.” The agency declares that the “procedures outlined here are designed to supplement the Commission’s current administrative law judge referral process and promote more efficient resolution of […]

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Delegation of Eminent Domain Powers to Private Entities: In Re PennEast Pipeline Co.

by Bernard Bell — Monday, Sept. 16, 2019

Summary:  Does the federal government’s delegation of its power to take property by eminent domain to private entities allow such entities to bring a federal or state action to acquire state-owned property (despite states’ “Eleventh Amendment” immunity? The Natural Gas Act (“NGA”), 15 U.S.C. §§ 717–717z, allows private gas companies to exercise the federal government’s […]

Call for Papers: Federalist Society Article I Initiative Writing Contest on Nondelegation Doctrine

by Christopher J. Walker — Sunday, Sept. 15, 2019@chris_j_walker

From for the Federalist Society website, here are the details on this year’s Article I Initiative Writing Contest: The Nondelegation Doctrine: Intelligible Principle or Unworkable Standard? The Federalist Society’s Article I Initiative is focused on the critical issue of why the modern Congress is not functioning as the most powerful branch as envisioned by the […]

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The Second Circuit’s Botched “Zone of Interests” Analysis in CREW v. Trump

by Andy Grewal — Saturday, Sept. 14, 2019

In CREW v. Trump, some private parties have alleged that President Trump has violated the Constitution’s emoluments clauses through his continued business activities. They believe that the Constitution forbids a President from transacting with foreign or domestic governments, and that President Trump’s doing so harms them. They claim that their businesses compete with the President’s […]

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D.C. Circuit Review – Reviewed: Vacation!

by Aaron Nielson — Friday, Sept. 13, 2019@Aaron_L_Nielson

This will be a quick post. Last week’s theme, you see, was vacation — in the sense of vacatur. This week’s theme is vacation — in the sense of enjoyable travel. Why? Because today I found myself in Washington, D.C. for two separate D.C. Circuit-related investitures. To begin, Chris Landau* took the oath to serve […]