Monthly Archives: October 2019

The Contempt Finding and Sanctions Against Secretary DeVos and the Department of Education, by Nicholas R. Parrillo

by Guest Blogger — Thursday, Oct. 31, 2019

In Calvillo Manriquez v. DeVos, a class action lawsuit against the Department of Education and Secretary Betsy DeVos for unlawful collection of student loans, U.S. Magistrate Judge Sallie Kim on October 24 issued an order finding the defendants in civil contempt, and ordering them to pay $100,000 in sanctions, for enaging in collection activities in […]

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Dissenting Commissioners, by Todd Phillips

by Guest Blogger — Wednesday, Oct. 30, 2019

Administrative law is generally conditioned on agency action. Notice and comment rulemaking mandates “the agency shall give interested persons an opportunity to participate in the rule making.” 5 U.S.C. § 553(c). Chevron deference contemplates judicial consideration of “an agency’s construction of the statute which it administers,” and Auer deference requires judges to consider “the agency’s […]

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Only 12 Days Left to Register for the 2019 Administrative Law Conference

by Christopher J. Walker — Wednesday, Oct. 30, 2019@chris_j_walker

From my inbox. We have a terrific lineup again this year, so definitely join us! Section of Administrative Law and Regulatory Practice AMBAR.ORG     |      CAREER CENTER     |      MEMBERSHIP     |      CALENDAR     |      CLE     |   PUBLISHING 2019 Administrative Law Conference November 14-15, 2019 | Walter E. Washington Convention Center | Washington, DC Don’t forget to register before Monday November 11, 2019 The latest version […]

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A Long Title for a Short Post: Praise for Professor Parrillo and a Quick Thought About Petitions for Rulemaking as a Means to Challenge Policy Statements, by Richard Murphy

by Guest Blogger — Tuesday, Oct. 29, 2019

This short post will do two things. First, it will heap praise on Professor Parrillo’s article, Federal Agency Guidance and the Power to Bind: An Empirical Study of Agencies and Industries. This terrific and engaging work sheds valuable light on what it means, practically, for policy statements to be “practically binding.” One can reasonably hope […]

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Deconstructing Facebook’s Libra, by Marcelo M. Prates

by Guest Blogger — Tuesday, Oct. 29, 2019

On June 18, 2019, Facebook announced its plan to create a global cryptocurrency named Libra. The social-networking giant wants to offer any person holding a smartphone with an internet connection a stable and secure way to transfer money and make payments all over the world. Libra will be built on a blockchain and backed by […]

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Baldwin v. United States Is Ideal Vehicle to Revisit Reflexive Deference, by William Yeatman

by Guest Blogger — Tuesday, Oct. 29, 2019

Attention all administrative law nerds: Code Red Cert-Alert! On Friday, the Cato Institute and NFIB filed an amicus brief on behalf of petitioners seeking Supreme Court review of the Ninth Circuit’s April order in Baldwin v. United States. Of course, the odds of the Court exercising its appellate jurisdiction are low for any given controversy; […]

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Fortieth Anniversary: The Commerce Department’s Foray Into Re-Writing Products Liability Law

by Bernard Bell — Tuesday, Oct. 29, 2019

On October 31, 1979, forty years ago this week, the Department of Commerce published its Model Uniform Products Liability Act (now commonly referenced as the “Uniform Product Liability Act”) in the Federal Register, 44 Fed. Reg. 62714 (1979).  “The Commerce Department?,” you might respond with bemusement.  Ordinarily uniform and model state laws are crafted by […]

Shedding Light on Agency Lawmaking in the Shadows, by Rebecca Turnbull

by Guest Blogger — Monday, Oct. 28, 2019

If I had to reach a common conclusion from comparing Presidential Laws and the Missing Interpretive Theory by Professor Tara Leigh Grove and Legislating in the Shadows by Professor Christopher Walker, it would be that “all legislative powers” vested in Congress by the Constitution seem to be leaking out of that body and into the […]

D.C. Circuit Review – Reviewed: Mandamus Watch

by Aaron Nielson — Friday, Oct. 25, 2019@Aaron_L_Nielson

It is hard to not be intrigued by a writ of mandamus — one of “‘the most potent weapons in the judicial arsenal,’” and “a ‘drastic and extraordinary remedy reserved for really extraordinary causes.’” It is no small thing for a court, in the middle of proceedings, to order someone “to properly fulfill their official […]