After a number of weekends the Editor has finished reading a very informative book written by a score of talented scholars and edited by Professor Parrillo of Yale University on the works of an administrative law legend, Professor Mashaw. Selfishly we often read articles from the perspective of issues we are working on, in this […]

Large pharmaceutical companies are difficult to regulate. The major drug companies generate billions of dollars in annual revenues, rendering old-school command-and-control enforcement tools, particularly monetary penalties, largely ineffective. Regulatory shaming is an intriguing new regulatory tactic that is now emerging in the health industry and in other regulated sectors, with the potential to change traditional […]

The Yale Journal on Regulation  invites you to the 2019 Davis Polk & Wardwell Administrative Law Conference:  Regulatory Change & the Trump Administrative State Friday, March 22, 2019 127 Wall Street, New Haven, Connecticut 06511 Please see the agenda below. Breakfast and lunch will be provided. Please register here by March 1, 2019. Panel reading materials and further details will be […]

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 January’s cases. In Gill v USDOJ, the Ninth Circuit made hash of an important administrative law doctrine. To be precise, the panel seems to have either ignored or implicitly […]

The Financial Stability Oversight Council, or “FSOC” (pronounced “F-Sock”), is among the most important and most underappreciated regulatory bodies in American government. It was conceived in the Dodd-Frank Act as the ultimate regulatory caulking device, filling in the perceived “gaps” in the pre-crisis regulatory edifice that hindsight revealed. The FSOC’s most important gap-filling responsibility is […]

In this second post, I will explain two ways in which the Supreme Court could avoid the constitutional concerns posed by the Fourth Circuit’s decision in PDR Network. First, echoing and augmenting on themes developed in a characteristically thoughtful amicus brief filed by Professor Aditya Bamzai, and separately by Professor Bell, I argue that the […]

Can Congress require courts to turn a blind eye to the invalidity of an agency’s legal interpretation of the law in an enforcement action? This question is implicated in a case that is before the Supreme Court this term. In PDR Network, LLC v. Carlton & Harris Chiropractic Inc., the Supreme Court will decide whether […]

As January began, the government was out of money. Therefore its lawyers filed numerous extraneous motions seeking relief they likely did not want and that they knew would be denied. Wait, what? Like many tech law junkies, I have been eagerly anticipating the February 1 oral argument in the net neutrality appeal. But as the […]

Since the Trump era began more than two years ago with the election of 2016, the administration has put into place an increasingly draconian legal regime of restrictions against immigrants. Navigating these outrageous examples of executive overreach has been challenging. The current administration has attempted to cloak the new restrictions under the guise of quasi-legality. […]

In his January 15 opinion for a unanimous Court in New Prime v. Olveira, Justice Gorsuch stated that “words generally should be interpreted as taking their ordinary meaning at the time Congress enacted the statute.” Immediately after the Court issued that opinion Peter Strauss posted that quote on the administrative law listserve, with the suggestion […]