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.

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 […]

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A Busy 68th Plenary! (ACUS Update)

by Emily Bremer — Tuesday, Nov. 28, 2017@emilysbremer

The Administrative Conference will host its 68th Plenary Session on December 14th and 15th, 2017.  It’s shaping up to be a busy one, with five proposed recommendations going before the Assembly for approval.  From the Federal Register notice, these recommendations address the following subjects: Plain Language in Regulatory Drafting. This proposed recommendation identifies tools and techniques agencies have used […]

Webley on Verbose Rulemaking Preambles (AdLaw Bridge Series)

by Emily Bremer — Monday, Sept. 25, 2017@emilysbremer

Alec Anthony Webley has an interesting article, Seeing through a Preamble, Darkly: Administrative Verbosity in an Age of Populism and ‘Fake News’, forthcoming in the Administrative Law Review.  The article argues that the purpose of the APA’s requirement that agencies provide a “concise general statement of [a rule’s] basis and purpose” is defeated by the length […]

Fall 2017 Projects (ACUS Update)

by Emily Bremer — Monday, Sept. 11, 2017@emilysbremer

The Administrative Conference of the United States will soon begin fall committee meetings on a slate of projects targeted for completion at the 68th annual plenary session, to be held in December.  These projects include: (1) Plain Language in Regulatory Drafting; (2) Agency Guidance; (3) Regulatory Waivers and Exemptions; and (4) Regulatory Experimentation.  A description (taken […]

Jonathan F. Mitchell Nominated to Serve as ACUS Chairman (ACUS Update)

by Emily Bremer — Saturday, Sept. 2, 2017@emilysbremer

The White House has just announced a slate of new nominations, including a new ACUS Chairman.  From the press release: Jonathan F. Mitchell of Washington to be Chairman of the Administrative Conference of the United States for a term of 5 years. Mr. Mitchell most recently served as a Visiting Professor of Law at Stanford Law […]

Upcoming Event on Regulatory Benefit-Cost Analysis (ACUS Update)

by Emily Bremer — Thursday, Aug. 17, 2017@emilysbremer

If you’re going to be in the DC area on September 29 and are interested in benefit-cost analysis, here’s the event for you!  The Administrative Conference of the United States (ACUS), the Society for Benefit-Cost Analysis (SBCA), and the GWU Regulatory Studies Center are co-sponsoring an afternoon of discussion on New Developments in Regulatory Benefit-Cost […]

ACUS Adopts Two Recommendations at the 67th Plenary (ACUS Update)

by Emily Bremer — Friday, June 30, 2017@emilysbremer

At its 67th Plenary Session, held Friday, June 16th, the Assembly of the Administrative Conference adopted two new recommendations: Recommendation 2017-1, Adjudication Materials on Agency Websites and Recommendation 2017-2, Negotiated Rulemaking and Other Options for Public Engagement.  As described on ACUS’s website: Recommendation 2017-1, Adjudication Materials on Agency Websites provides guidance regarding the online dissemination of administrative […]

Mortazavi on Computer Analysis of Rulemaking Comments (AdLaw Bridge Series)

by Emily Bremer — Friday, June 23, 2017@emilysbremer

Technology has promised big benefits for public participation in notice-and comment rulemaking, but it has also presented new challenges for agencies.  For example, as the number of rulemaking comments has increased, so too has the administrative burden of reviewing those comments.  Can an agency use computer software to help ease this burden while still discharging its obligations under the APA?  Melissa Mortazavi addresses […]

Save the Date for the 67th Plenary (ACUS Update)

by Emily Bremer — Saturday, June 3, 2017@emilysbremer

The Administrative Conference of the United States will hold its 67th Annual Plenary Session on Friday, June 16th from 10:00 am to 2:00 pm.  The Assembly will consider proposed recommendations on two subjects.  From the Federal Register notice: Adjudication Materials on Agency Web sites. This proposed recommendation provides guidance regarding the online dissemination of administrative […]