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.

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 […]

Fall 2018 Projects (ACUS Update)

by Emily Bremer — Wednesday, Sept. 5, 2018@emilysbremer

Tomorrow, the Administrative Conference of the United States begins fall committee meetings on a slate of projects, including: (1) Regulations.gov and the Federal Document Management System; (2) Public Engagement in Rulemaking; (3) Recusal Rules for Administrative Adjudicators; (4) Public-Private Partnerships; and (5) Public Availability of Adjudication Rules. These projects are targeted for completion at the 70th […]

OMB Seeks Comment on Proposal to Create a Government Effectiveness Advanced Research (GEAR) Center

by Emily Bremer — Thursday, Aug. 2, 2018@emilysbremer

The proposed GEAR Center is described as “a public-private partnership to improve mission delivery, citizen services, and stewardship of public resources.”  OMB is requesting comments by September 14, 2018 from the public, academics, experts, and industry.  The Request for Information (RFI) appears to have been only been posted online, with a shorter notice of its […]

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Recommendations, Recommitted Actions, and Revised Rules (ACUS Update)

by Emily Bremer — Saturday, July 7, 2018@emilysbremer

If you’re looking for a little light poolside reading, check out the three new recommendations and other actions taken by ACUS at its 69th Plenary session last month.  The recommendations address the Paperwork Reduction Act, severability in judicial review of agency rulemaking, and electronic case management in adjudication.  In addition to adopting these recommendations, the Assembly recommitted […]

69th Plenary Agenda (ACUS Update)

by Emily Bremer — Tuesday, May 29, 2018@emilysbremer

The Administrative Conference will host its 69th Plenary Session on June 14th and 15th, 2018.  If you have attended previous plenary sessions and are planning to attend this one, please note the new location!  For the first time, the Assembly will meet in the Jacob Burns Moot Court Room at George Washington University Law School.  The agenda for the meeting […]

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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 […]