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.

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 […]

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 […]