Author Archives: Emily Bremer

About Emily Bremer

Professional Website

J.D., New York University School of Law, 2006

B.A., New York University, 2003

Emily S. Bremer is an Assistant Professor at the University of Wyoming College of Law. Before joining the faculty, Professor Bremer served as the Research Chief of the Administrative Conference of the United States, worked as an associate in the telecommunications and appellate practice of Wiley Rein LLP, and clerked for Judge Andrew J. Kleinfeld of the United States Court of Appeals for the Ninth Circuit. Her research focuses on the intersection of public and private governance, with a particular focus on the use of privately developed technical standards in government regulation.

ICYMI: Regulatory Review Series on ACUS’s December 2017 Recommendations

by Emily Bremer — Saturday, Apr. 28, 2018@emilysbremer

In March, The Regulatory Review published an excellent series of opinion essays analyzing the five recommendations that the Administrative Conference of the United States adopted at its last Plenary session, held in December 2017.  I highlighted the new recommendations (and a rare separate statement) when they were published, but The Regulatory Review series delves much deeper.  In […]

Opportunities at ACUS

by Emily Bremer — Saturday, Apr. 7, 2018@emilysbremer

The Administrative Conference of the United States is hiring!  The agency is accepting applications for the full-time position of Attorney Advisor (to start this spring or summer), as well as for a term-limited fellowship designed for current or aspiring administrative law scholars (start date is flexible and will be negotiated).  If you’re interested in administrative procedure and […]

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A Shared Power to Appoint ALJs?

by Emily Bremer — Wednesday, Apr. 4, 2018@emilysbremer

A key question on every adlaw geek’s mind is how the Supreme Court’s decision in Lucia might affect the process for appointing Administrative Law Judges (ALJs).  What if the Supreme Court holds that ALJs are inferior officers who must be appointed in compliance with Article II’s Appointments Clause?  What implications, if any, would this have for […]

New Meeting Dates and Materials for Spring 2018 Projects (ACUS Update)

by Emily Bremer — Monday, Mar. 26, 2018@emilysbremer

The Administrative Conference’s work on its spring projects is well underway.  In recent days, additional meeting dates, and new draft reports, draft recommendations, and written member comments have been posted for several of the projects under consideration.  These include: (1) an additional meeting for the project on Administrative Judges; (2) a new meeting date and draft […]

Deliberate and Serendipitous Separation of Powers in the Administrative State

by Emily Bremer — Friday, Mar. 9, 2018@emilysbremer

Jon Michaels’ new book is a masterful blend of important and fascinating subjects, including the constitutional character of administrative law, superstatute theory, privatization, and procedure. It’s a fun read, too, and a must for anyone interested in a fresh perspective on the perils of privatization! In this post, however, I’m going to focus on some discrete details of […]

Spring 2018 Projects (ACUS Update)

by Emily Bremer — Monday, Mar. 5, 2018@emilysbremer

This week, the Administrative Conference of the United States will being spring committee meetings on a slate of new projects, including: (1) Administrative Judges; (2) Electronic Case Management in Adjudication; (3) Minimizing the Costs of Judicial Review; (4) Paperwork Reduction Act Efficiencies; and (5) Public Engagement in Rulemaking. The first four projects are targeted for completion at […]

OIRA is Hiring!

by Emily Bremer — Saturday, Feb. 10, 2018@emilysbremer

The Office of Information and Regulatory Affairs is hiring a Policy Analyst!  This is a great opportunity that doesn’t come around very often.  From the job advertisement: The Office of Information and Regulatory Affairs (OIRA), within the Office of Management and Budget (OMB), is seeking candidates for a policy analyst position in OIRA’s Information Policy […]

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Draft Model Adjudication Rules Out For Public Comment (ACUS Update)

by Emily Bremer — Monday, Jan. 22, 2018@emilysbremer

In today’s Federal Register, ACUS has published a notice soliciting public comment on a revision of its 1993 Model Adjudication Rules.  Comments are due by 10:00 am EDT on Friday, February 23, 2018.  The Committee on Adjudication is having a meeting to discuss the revised rules on February 1, 2018 from 1:00 pm to 4:00 pm EDT. The project […]

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A Rare Separate Statement (ACUS Update)

by Emily Bremer — Thursday, Jan. 11, 2018@emilysbremer

Last week, I highlighted ACUS’s five recently adopted recommendations, including Recommendation 2017-5, Agency Guidance Through Policy Statements.  It is noteworthy that this recommendation was accompanied by a rare separate statement, this one from ACUS Senior Fellow Professor Ronald M. Levin. Section 302.6(c)(1) of ACUS’s bylaws, which allows members to publish separate statements, provides that: A member who disagrees in whole or in […]

Five New Recommendations! (ACUS Update)

by Emily Bremer — Tuesday, Jan. 2, 2018@emilysbremer

Start 2018 off right by reading the five new recommendations adopted by the Administrative Conference at its 68th Plenary session!  Although this was my first plenary session as an ACUS Public Member, it was my eleventh (!!) plenary session overall.  (I attended the other ten when I was on the ACUS staff.)  It was a genuine […]