Author Archives: Guest Blogger

Coming Back to Congress, by Andrew M. Grossman

by Guest Blogger — Wednesday, June 19, 2019

Donald Kochan has set forth a concise and persuasive account of congressional delegation of broad swaths of lawmaking authority to administrative agencies, which may be why his article has attracted such attention from the usual suspects. Kochan is, as so many are, pessimistic in his conclusions: short of a deus ex machina like a revivified […]

Rethinking Admin Law—A Progressive Agenda for Regulatory Reform, by Debra Perlin

by Guest Blogger — Wednesday, June 19, 2019

The American Constitution Society is pleased to release Rethinking Admin Law: From APA to Z highlighting ideas from leading administrative law scholars and practitioners addressing what an affirmative progressive agenda for regulatory reform might look like. In the wake of decades of increased corporate influence in politics, regulatory reform has become virtually synonymous with deregulation. But […]

Presidential Administration via Litigation, By Bijal Shah

by Guest Blogger — Sunday, June 9, 2019

This spring, I had the pleasure of participating in the Yale Journal on Regulation conference on “Regulatory Change & the Trump Administrative.”  I was honored to be a speaker on the “Changes in Administrative Law in the Executive Branch” panel, along with Professors Gillian Metzger (Columbia) and Bridget Dooling (George Washington).   Our moderator was Professor Nicholas […]

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Ninth Circuit Review-Reviewed: CFPB Survives Another Separation of Powers Challenge, But Agency Isn’t Yet in the Clear, by William Yeatman

by Guest Blogger — Sunday, June 9, 2019

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to last month’s controversies. The Elusiveness of Plain Meaning in Organic Statutes Outside of date-certain deadlines, are enabling acts ever truly plain? This week’s lead case presents an instance where […]

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Soft Law Often Should be Permitted to Bind Agency Staff, by Peter L. Strauss

by Guest Blogger — Tuesday, May 14, 2019

For an event honoring the scholarship of Professor Bill Funk, another contributor to this on-line symposium, I have written an essay, Domesticating Guidance, summarizing my thinking about the use and misuse of agency guidance documents. No one doubts that that the soft law of guidance documents, which do not require notice and comment under the […]

Pursuing Parrillo’s Principled Flexibility, by Kristin E. Hickman

by Guest Blogger — Friday, May 10, 2019

Everyone familiar with the intertwined spheres of administrative law and regulatory practice knows that federal agencies routinely issue informal, subregulatory pronouncements, referred to collectively as “guidance,” articulating their views regarding the law’s requirements.  Agency use, and arguable abuse, of guidance to direct the behavior of regulated parties and agency employees is a perennial topic of […]

The Solution to Regulatory Ossification May Be Regulatory Cartilage, by Jamie Conrad

by Guest Blogger — Friday, May 10, 2019

Nick Parrillo’s publications are like Robert Caro’s – so synoptic, and so exhaustively researched, that it’s inconceivable that anyone could do a better job.  As a result, it’s a daunting prospect to quibble with any of his conclusions and recommendations – much less to dispute them fundamentally.  What’s more, as a practitioner – and one […]