The D.C. Circuit’s cases this week are unusual — there is not a lot of “admin law” in them. But they are very interesting cases nonetheless. That realization got me thinking about the rise of second clerkships. Judge Gregg Costa of the Fifth Circuit (and a D.C. Circuit alum) has recently published an excellent essay: […]
Here is a blog post I wish I could take back: “Five Years After the Death of the Clerkship Plan.” My post, from February of this year, concerned a (then) long-time feature of the D.C. Circuit’s homepage: The backstory is that in 2013, the D.C. Circuit officially withdrew from the “Law Clerk Hiring Plan,” which […]
If you peruse the D.C. Circuit’s webpage often — and, really, who doesn’t? 😉 — you’ve no doubt noticed an announcement that hasn’t changed for a long time: This may confuse you. First, why is dated “2014-15”? And second, why is an announcement about clerkship hiring of all things given arguably the most prominent placement […]
In the aftermath of Watergate, a young — well, young-ish — Antonin Scalia found himself defending executive privilege before Congress. This is how he closed his remarks: “I realize that anyone saying a few kind words about executive privilege after the events of the last few years is in a position somewhat akin the man […]
In this era of gridlock and difficult politics, a bipartisan group of Senators has done something worth celebrating. On Monday, with the introduction of the Daniel Webster Congressional Clerkship Act, S. 3499, the Senate has taken the first step not only toward busting the judicial clerkship monopoly on mentoring fresh young law graduates but also […]
I have written more than my share about clerkship hiring and the collapse of the national hiring plan.* Long story short, about three years ago, the D.C. Circuit abandoned the plan because it had become an open secret that judges and applicants around the country were not abiding by it. Following the D.C. Circuit’s decision, […]
Dear 2Ls, If you hope to clerk for a federal judge after graduation, pay careful attention. Some judges hire clerks during the first semester of the 2L year—or sometimes earlier. Others begin looking at applications after first semester grades are released and law review boards turn over; based on anecdotal information, this may be the […]
Join the ACUS Team The Administrative Conference of the United States (ACUS) is actively recruiting up to two experienced attorney advisors to join our dynamic team of administrative law practitioners. The ideal candidate must have at least five years of professional experience working in the fields of administrative law or regulation (qualifying for a Series […]
The D. C. Circuit issued no opinions last week, but gathered en banc in the Ceremonial Courtroom of the U. S. Courthouse in D. C. on November 3 for the investiture of its newest member, Judge Bradley N. Garcia. I cannot report objectively on this matter because Judge Garcia clerked for me back-in-the day, which, as […]
Loper Bright Enterprises v. Raimondo is no longer the only Chevron case that the Supreme Court will consider this term. The Court just granted certiorari in a new case—Relentless, Inc. v. Department of Commerce—that will be argued in tandem with Loper Bright. Alongside resolving a recusal issue, adding Relentless to the mix could impact the way the Court approaches writing its […]
At its annual meeting earlier this month, the American Bar Association’s Section of Administrative Law and Regulatory Practice voted in a new cohort of leaders. This year I had the privilege of chairing the Section’s Nominations Committee, with fellow committee members Bernard Bell and Connor Raso. Here’s the full list and bios of the new […]
Many of the judges on the D.C. Circuit were busy last week with law clerk hiring. The “hiring plan” allowed rising 3Ls to submit their applications at noon last Monday and allowed judges to contact them at noon on Tuesday. For those interested, our own Aaron Nielson has evaluated the costs and benefits of the […]
The D. C. Circuit issued only one decision this week. In Ohio Nuclear-Free Network v. Nuclear Regulatory Commission, the Court rejected a petition challenging the agency’s grant of a license to produce uranium for failure to prepare the analysis called for by the National Environmental Policy Act. In an opinion written by Judge Henderson (within […]
The D.C. Circuit issued no opinions last week. The week of silence is fitting, for at its end, the Court lost one of its luminaries: Judge Laurence Silberman. His career was long and his talents, many, and he dedicated both to the service of his country. Several moving tributes published in the past day review […]
Here is the April 2022 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. Severability First Principles by William Baude (109 Virginia Law Review forthcoming) An Overview of Privacy Law in 2022 by Daniel J. Solove & Paul M. […]