Author Archives: Seth Davis

Of Independence, Sovereignty, Accountability, and Other Sleights of Hand

by Seth Davis — Thursday, Apr. 7, 2016

Administrative law doctrine and scholarship has traditionally treated agencies as unitary entities and focused upon the proper allocation of authority among agencies, the President, Congress, and the courts. Recently, however, scholars have begun to unlock the “black box” of agency design to identify and evaluate the ways in which administrative law rules allocate decisionmaking authority […]

Federalism and Final Agency Action

by Seth Davis — Monday, Mar. 7, 2016

On March 30th, the Supreme Court will hear oral argument in United States Army Corps of Engineers v. Hawkes Co., Inc. The question presented concerns “final agency action”: Is the Army Corps’ determination that the Clean Water Act applies to waters on private land “final agency action” reviewable under the Administrative Procedure Act? According to […]

Administrative Law and the Law School Curriculum

by Seth Davis — Tuesday, Jan. 5, 2016

Over at PrawfsBlawg Jay Wexler explains that Boston University School of Law has made Administrative Law part of the required 1L curriculum. This decision, and reactions to it, have me thinking about where and when we offer Administrative Law to law students and what we teach them when we do. I’ve just finished another semester […]

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State Litigation Against Presidential Administration

by Seth Davis — Tuesday, Aug. 11, 2015

Sometimes a gridlocked Congress means that an energized President and ambitious state lawmakers compete to solve the Nation’s social problems. But this competition may not make for innovative solutions. Instead, it may make more for more gridlock. Consider Texas v. United States. There a cadre of states have sued to stop President Obama’s deferred action […]

The Chevron Shuffle and Legislative History

by Seth Davis — Thursday, June 18, 2015

This post’s about a puzzling opinion from the D.C. Circuit. The puzzle has to do with the Chevron two step and legislative history. This puzzle’s important, and not just for King v. Burwell. In Council for Urological Interests v. Burwell (CUI), published last week and available here, the D.C. Circuit shuffled between one view and another […]