I sat in my apartment hearing the helicopters overhead and smelling the fires burning blocks away. I felt fear, anger, frustration, and hopelessness. Like so many white people in America, I wondered how I could do more to help. I’ve dedicated my career to legal issues that often intersect with race, but don’t deal with […]
Our climate is changing, and humans are contributing to that development. On those points there can no longer be any reasonable debate. The extent of the problem and what to do about it, however, are ripe for discussion. Indeed, those questions are the most pressing questions of our day and perhaps the most pressing questions […]
When my conference was canceled, I rejoiced. A free day in Washington, D.C.! The last time I was in Washington, an unprecedented windstorm foiled my plans. This time, hurricane Florence was bearing down on the Carolinas, but it turned away from Washington. It was meant to be: a day at the National Archives and the […]
The Supreme Court appears to be poised to uphold the so-called Travel Ban at issue in Trump v. Hawaii. At the oral argument, some of the justices seemed concerned about the Court second-guessing an order that came from the President himself and that concerned national security. Neither of those factors, however, should hinder the Court […]
I am a big fan of Kathryn Kovacs‘s important work on the Administrative Procedure Act (APA) and administrative common law (here, here, and here). So I was so excited when the editors of my institution’s main journal, the Ohio State Law Journal, informed me that they would be publishing Professor Kovacs’s latest article, Scalia’s Bargain. […]
In light of the FTC’s vote yesterday to adopt a rule banning non-compete agreements, readers might be interested to see what the Attorney General’s Committee on Administrative Procedure said about FTC rulemaking in its 1940 monograph. The Committee prepared 26 monographs examining the actual practices and procedures of administrative agencies, and this research informed a […]
How should courts review the president’s statutory powers? It’s one of the most vexing questions in administrative law. It’s easiest to state the problem by comparing the president and agencies as delegees of legislative authority. Usually, Congress delegates regulatory authority to administrative agencies. Sometimes, however, Congress delegates directly to the president. Here, each is an […]
The ABA Section of Administrative Law and Regulatory Practice is seeking nominations for leadership positions on our governing council. Please help us continue our legacy by nominating brilliant thoughtful lawyers with diverse views, perspectives, backgrounds, and roles in the field of administrative law. A nomination can be as simple as a few sentences. That said, […]
The Notre Dame Law Review hosts an annual symposium on Federal Courts, Practice & Procedure, and this year’s symposium was on the History of the APA & Judicial Review. The event was held in January 2023 at Notre Dame Law School and the print volume, which has just been published, offers a terrific set of […]
Last week, Pacific Legal Foundation (where we work) filed an amended class action complaint challenging the Biden Administration’s plan to cancel up to $519 billion in federally held student debt. The short history of our suit sheds light on the program’s shambolic implementation. After announcing the policy, the Education Department created a website to […]
With the ABA Administrative Law Section’s launch event for the ABA Program for Prospective Administrative Law Scholars (PALS) on Wednesday, I’ve been thinking a lot about resources for new and aspiring administrative law scholars. This is an amazing and welcoming field, but entering a new profession or academic field can be intimidating. Over the weekend […]
Moving from Practice (Back) to Law School Wednesday, November 17, 2021 7:00-8:30 pm (including breakout rooms) Eastern Standard Time Register in Advance via Zoom here. This panel will provide an overview of the process for entering legal teaching, including non-clinical and clinical academic posts, in administrative law and regulatory practice. The panelists will address preparation […]
This year seems a good time to take stock of “presidential administration,” both in theory and in practice. It is, after all, a year of presidential transition, illustrating the ever-growing changes in law and policy that follow every succession of one presidency after the last. It’s also the twentieth anniversary of Elena Kagan’s landmark article. […]
The Association of American Law Schools (AALS) Section on Administrative Law is pleased to announce the “New Voices in Administrative Law” program for the 2022 AALS Annual Meeting, which will be held entirely online. The New Voices program gives junior administrative law scholars an opportunity to receive useful feedback on their work from more senior […]
As I’ve noted previously, Neysun Mahboubi has put together a series of Clubhouse conversations this summer about recent administrative law scholarship. Join us this Wednesday, August 25 at 8:30 pm Eastern to discuss Noah Rosenblum’s new article, The Antifascist Roots of Presidential Administration, which is forthcoming in the Columbia Law Review. The discussion will begin with Noah, […]