Author Archives: Guest Blogger

Measuring President Trump’s Regulatory Reform Agenda: The 2-for-1 Rule, by Roncevert Ganan Almond

by Guest Blogger — Wednesday, Nov. 22, 2017

Almost immediately following his entry into the Oval Office, President Donald J. Trump initiated an aggressive regulatory reform agenda intended to downsize the imprint and reduce the influence of the Federal government. Through a series of executive orders, supported by guidance from the Office of Management and Budget (OMB), and his proposed budget to Congress, […]

Notre Dame Law Review Symposium “Administrative Lawmaking in the 21st Century,” by Jeffrey Pojanowski

by Guest Blogger — Wednesday, Nov. 8, 2017

This Friday, November 10, 2017, the Notre Dame Law Review will be hosting its annual symposium. Entitled “Administrative Lawmaking in the 21st Century,” the proceedings will be published in Volume 93 of the Law Review, but are of immediate interest to Notice and Comment readers. The slate of presenters is a veritable “who’s who” of […]

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Don’t Write Off the Congressional Review Act Yet, by Susan E. Dudley

by Guest Blogger — Monday, Nov. 6, 2017

Last Wednesday, President Trump signed his fifteenth congressional resolution disapproving a federal regulation. This was notable not only because, prior to this year, only one such resolution had ever been enacted, but also because it was the first time a president had disapproved a regulation issued during his own tenure. This, along with new opinions […]

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Treasury Chimes in on Equity Market Structure, by by Lanny A. Schwartz, Annette L. Nazareth & Zachary J. Zweihorn

by Guest Blogger — Saturday, Nov. 4, 2017

Editor’s Note: This is a cross-post from Davis Polk’s FinRegReform blog. It is also the second post in a series of two. The Treasury Department’s recent report on capital markets regulation includes a robust discussion of equity market structure issues.  The report does not break new ground or raise issues that have not been debated previously at length, […]

Treasury Report Recommends Additional Process and Constraints for Market Regulators, by Lanny A. Schwartz, Annette L. Nazareth & Zachary J. Zweihorn

by Guest Blogger — Thursday, Nov. 2, 2017

Editor’s Note: This is a cross-post from Davis Polk’s FinRegReform blog. It is also the first post in a series of two. The U.S. Treasury’s new Capital Markets Report recommends additional administrative requirements for regulatory actions by the SEC and the CFTC (the “Agencies”).  If adopted, the process by which the Agencies issue new regulations and guidance […]

How Discretion Failed One 10-Year-Old Girl and What the Future Holds, by Shoba Sivaprasad Wadhia

by Guest Blogger — Tuesday, Oct. 31, 2017

Much has been said about Rosa María Hernández, the latest target of the Trump administration’s immigration policies. The Department of Homeland Security (DHS) has the responsibility and authorization to enforce the immigration laws against those inside the United States without authorization. However, the government’s choice to target a ten-year old girl with cerebral palsy on her […]

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Assessing the Administrative Law Weaponry in the ‘War on Science,’ by Margaret Sova McCabe

by Guest Blogger — Friday, Oct. 27, 2017

Effective federal regulation has long been informed by scientific experts external to government. Since 1972, the Federal Advisory Committee Act (FACA) has operated to ensure that this external expertise is offered transparently and in a fair, balanced manner. The question explored in this post is whether our administrative law procedural safeguards are adequate to ensure […]

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Everything You Always Wanted to Know About the Chevron Doctrine, by Dan Farber

by Guest Blogger — Monday, Oct. 23, 2017

This doctrine, formerly known only to specialists, will play a large role under Trump. During the Gorsuch nomination, there was a lot of talk in the press about the Chevron doctrine. Most people have never heard of this doctrine, and only a few are aware of all the nuances. As the Trump Administration’s rulemaking efforts come before […]

The APA’s Call for Judicial Minimalism, by Aneil Kovvali

by Guest Blogger — Sunday, Oct. 15, 2017

The judicial review provision of the APA, 5 U.S.C. § 706, provides that “To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action.” Many commentators focus on the way […]

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September 30 Is Not the Deadline for Legislative Changes to the Affordable Care Act, by Sam Wice

by Guest Blogger — Saturday, Sept. 16, 2017

Republicans have tried to use the reconciliation process to change/repeal the Affordable Care Act (Obamacare).   Despite voting on several proposals, Republicans have not been able to get 50 votes to pass any legislation under reconciliation. The Senate parliamentarian recently declared that at the end of the fiscal year, September 30, the reconciliation instructions Republicans could […]

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