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.

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 […]

A Complete Picture of Federal Spending

by Emily Bremer — Tuesday, May 9, 2017@emilysbremer

Getting information about federal spending–a key consideration in policymaking–just got a whole lot easier.  The Digital Accountability and Transparency Act of 2014 (DATA Act) required federal agencies to use a standardized data format to report spending information.  The goal was to make the information more readily available and useful, thereby improving transparency and oversight.  The Office of […]

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The Agency Declaratory Judgment

by Emily Bremer — Saturday, Apr. 29, 2017@emilysbremer

For your weekend reading pleasure, I offer my latest article, The Agency Declaratory Judgment, which is now available on SSRN and is forthcoming in the Ohio State Law Journal.  The article examines a useful provision of the APA with which you may be unfamiliar (really!).  That provision is 5 U.S.C. 554(e).  It states that an agency “with like effect as […]

Feinstein on Congressional Oversight of the Executive Branch (AdLaw Bridge Series)

by Emily Bremer — Saturday, Apr. 22, 2017@emilysbremer

Political control of administrative agencies is a hot topic these days.  And Brian D. Feinstein has a timely new article, Congress in the Administrative State, forthcoming in the Washington University Law Review that empirically evaluates how Congressional oversight hearings fit into the picture.  Using an original dataset constructed from inspectors general semiannual reports, Government Accountability Office annual “top management challenges” lists, […]

Spring Meeting Dates on Marketable Permits (ACUS Update)

by Emily Bremer — Wednesday, Mar. 22, 2017@emilysbremer

The Administrative Conference has announced new committee meeting dates for another of its spring projects, all of which I recently previewed.  The new dates are as follows: The Committee on Regulation will meet to discuss the Marketable Permits project on Tuesday, March 28 at 2 pm and Thursday, April 13 at 2 pm. Please also note that the […]

New Spring Meeting Dates Announced (ACUS Update)

by Emily Bremer — Tuesday, Mar. 21, 2017@emilysbremer

The Administrative Conference has announced new committee meeting dates for one of its spring projects, which I recently previewed.  The new dates are as follows: The Committee on Rulemaking will meet to discuss the Negotiated Rulemaking project on Thursday, March 23 at 9:30 am and Thursday, April 13 at 9:30 am. If you would like […]

Klonick on the New Governors of Online Speech (AdLaw Bridge Series)

by Emily Bremer — Tuesday, Mar. 21, 2017@emilysbremer

Kate Klonick has a fascinating new article forthcoming in the Harvard Law Review examining how private online platforms, including Facebook, Twitter, and YouTube, regulate user speech.  Entitled The New Governors: The People, Rules, and Processes Governing Online Speech, the article is an important contribution to the understanding of how private entities regulate conduct and enforce public law norms […]

Spring 2017 Projects (ACUS Update)

by Emily Bremer — Sunday, Mar. 19, 2017@emilysbremer

The Administrative Conference of the United States will soon begin spring committee meetings on a slate of projects targeted for completion at the 67th annual plenary session, to be held in June.  These projects include: (1) Adjudication Materials on Agency Websites; (2) Negotiated Rulemaking; (3) Electronic Case Management in Federal Administrative Adjudication; and (4) Marketable […]

ACUS Adopts Four Recommendations at its 66th Plenary (ACUS Update)

by Emily Bremer — Thursday, Dec. 22, 2016@emilysbremer

At its 66th Plenary Session, held December 13th and 14th, 2016, the Administrative Conference adopted four new recommendations.  From the Federal Register notice, which is on public inspection today, these four recommendations include: Recommendation 2016-3, Special Procedural Rules for Social Security Litigation in District Court. This recommendation encourages the Judicial Conference of the United States to develop […]