Author Archives: Emily Bremer

About Emily Bremer

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

B.A., New York University, 2003

Emily S. Bremer is an Associate Professor of Law at the University of Notre Dame. Before joining the faculty, Professor Bremer taught at the University of Wyoming College of Law, 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 Hon. Andrew J. Kleinfeld of the United States Court of Appeals for the Ninth Circuit. Her research focuses on administrative procedure and issues at the intersection of public and private governance, with a particular focus on the use of privately developed technical standards in government regulation.

Introduction to Book Symposium: JoAnne Yates and Craig N. Murphy’s Engineering Rules: Global Standard Setting since 1880

by Emily Bremer — Tuesday, Oct. 1, 2019@emilysbremer

I’m delighted to announce that over the next week and a half, we’re hosting an online symposium on JoAnne Yates and Craig N. Murphy‘s fascinating new book, Engineering Rules: Global Standard Setting since 1880. Yates is the Sloan Distinguished Professor of Management and a Professor of Work and Organization Studies and Managerial Communication at the MIT Sloan School of […]

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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 […]

Administrative Conference Publishes Four New Recommendations (ACUS Update)

by Emily Bremer — Saturday, Aug. 10, 2019@emilysbremer

At its 71st Plenary Session held June 13, 2019, the Administrative Conference adopted four new recommendations, addressing: (1) Agency Guidance Through Interpretive Rules; (2) Agency Recruitment and Selection of Administrative Law Judges; (3) Public Availability of Agency Guidance Documents; and (4) Revised Model Rules for Implementation of the Equal Access to Justice Act.  The complete […]

Making the Invisible Visible, by Emily Bremer

by Emily Bremer — Wednesday, Aug. 7, 2019@emilysbremer

Rachel Potter’s new book, Bending the Rules, offers an intriguing new look into how agencies strategically use procedural discretion in rulemaking to achieve a desired outcome in the face of opposition. The tools agencies have to engage in this “procedural politicking” (as Potter calls it) arise within the “white space” that is created by the […]

Teaching Voluntary Codes and Standards to Law Students

by Emily Bremer — Tuesday, July 23, 2019@emilysbremer

The most recent issue of the Administrative Law Review has a unique offering: a mini-symposium of teaching guides to help instructors introduce students to voluntary codes and standards in a variety of law school classes.  I authored one of the guides, on incorporation by reference, while Cary Coglianese and Gabriel Scheffler authored the second guide, on […]

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71st Plenary Agenda: Comments Due June 6 (ACUS Update)

by Emily Bremer — Wednesday, May 29, 2019@emilysbremer

The Administrative Conference will host its 71st Plenary Session on Thursday, June 13th at the George Washington University Law School, in the Jacob Burns Moot Court Room at 2000 H Street NW, Washington, DC 20052. The Assembly will consider amendments to ACUS’s bylaws and four recommendations. From the Federal Register notice announcing the meeting, the recommendations address […]

Spring 2019 Projects (ACUS Update)

by Emily Bremer — Tuesday, Apr. 2, 2019@emilysbremer

The Administrative Conference of the United States kicks off its spring committee meetings schedule this week, with new projects on: (1) Agency Guidance Through Interpretive Rules; (2) Public Availability of Agency Guidance; (3) Selection of Administrative Law Judges; and (4) Revisions to the Model Rules for Implementation of the Equal Access to Justice Act. These […]

New Recommendations and Two (!) Separate Statements (ACUS Update)

by Emily Bremer — Monday, Feb. 11, 2019@emilysbremer

The Administrative Conference recently published its newest slate of recommendations, which the Assembly adopted at its 70th Plenary session, held in December 2018. Two of the recommendations drew separate statements from members of the Assembly.  As I have previously explained, separate statements are permitted by the Administrative Conference Act (5 U.S.C. 595(a)(1)) and the agency’s bylaws, but […]

70th Plenary Agenda: Comments Due Dec. 7 (ACUS Update)

by Emily Bremer — Wednesday, Nov. 28, 2018@emilysbremer

The Administrative Conference will host its 70th Plenary Session on December 13th and 14th, 2018.  Once again, the meeting will be held at the George Washington University Law School, Jacob Burns Moot Court Room, 2000 H Street NW, Washington, DC 20052.  The Assembly is set to consider five proposed recommendations.  From the Federal Register notice, these recommendations […]

Oct. 5 Event: Mass and Fake Rulemaking Comments (ACUS Update)

by Emily Bremer — Sunday, Sept. 30, 2018@emilysbremer

If you’re in the DC area this week, ACUS and the Administrative Law Review are co-hosting an interesting forum on Mass and Fake Comments in Agency Rulemaking.  From ACUS’s Administrative Fix blog, here’s a summary of the subjects to be discussed: When agencies propose new regulations, the Administrative Procedure Act requires that they provide interested […]