Author Archives: Chris Walker

My D.C. Bar Program Tomorrow (5/25) on Chevron Deference in the Circuit Courts

by Chris Walker — Wednesday, May 24, 2017@chris_j_walker

If you’re in D.C. tomorrow and wanting to chat more about Chevron deference, I’ll be presenting the findings from my coauthored study Chevron in the Circuit Courts (with Kent Barnett, Michigan Law Review forthcoming) at the D.C. Bar. Here are the details from the D.C. Bar website: Chevron Deference in the Circuit Courts Date & […]

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Update on Portman-Heitkamp Regulatory Accountability Act

by Chris Walker — Saturday, May 20, 2017@chris_j_walker

On Wednesday, the Senate Homeland Security and Government Affairs Committee (HSGAC) reported out favorably the Portman-Heitkamp Regulatory Accountability Act. I’ve blogged about this bipartisan regulatory reform legislation here and here, and I have an more in-depth take on the legislation in an essay forthcoming in Administrative Law Review. Earlier this week, moreover, The Regulatory Review (f/k/a RegBlog) […]

Litigation Challenging Trump’s Executive Order on Reducing Regulation and Controlling Regulatory Costs

by Chris Walker — Wednesday, May 17, 2017@chris_j_walker

Over at The Regulatory Review today, Scott Slesinger, Legislative Director at NRDC, and Robert Weissman, President of Public Citizen, have an essay detailing their lawsuit challenging the lawfulness of the Trump Administration’s Executive Order on Reducing Regulation and Controlling Regulatory Costs. Over at the Library of Law and Liberty blog back in February, Brian Mannix posted […]

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Barnett and Walker on Coenen and Davis on the New Major Questions Doctrine (AdLaw Bridge Series)

by Chris Walker — Tuesday, May 16, 2017@chris_j_walker

As my co-blogger Aaron Nielson covered in his D.C. Circuit Review — Reviewed “postscript” two weeks ago, the D.C. Circuit recently denied rehearing in United States Telecom Ass’n v. FCC, which was the challenge to the FCC’s net neutrality regulations. Among more than one hundred pages of separate opinions concerning the denial, Judge Kavanaugh has a […]

What to Make of the Regulatory Accountablity Act’s Public Hearing Right for >$100M Rules?

by Chris Walker — Thursday, May 11, 2017@chris_j_walker

Perhaps the most controversial provisions of the Portman-Heitkamp Regulatory Accountability Act of 2017 concern the availability of a public hearing for rules that have an economic impact of $100 million or more. The legislation would amend the Administrative Procedure Act to allow interested parties to petition for a public hearing and require the agency to include […]

Administrative Law SSRN Reading List, April 2017 Edition

by Chris Walker — Tuesday, May 9, 2017@chris_j_walker

Here is the April 2017 edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law eJournal, which is edited by Bill Funk. Moral Commitments in Cost-Benefit Analysis by Eric Posner & Cass Sunstein [CJW Note: This is a great paper about quantifying moral values in cost-benefit analysis by eliciting […]

My Preliminary Take on the Heitkamp-Portman Regulatory Accountability Act

by Chris Walker — Wednesday, May 3, 2017@chris_j_walker

As I noted last week, Senators Heitkamp and Portman, joined by Senators Hatch and Manchin, just introduced the Regulatory Accountability Act of 2017. Portman’s press release is here, and the full text of the bill is available here (you can also subscribe there for alerts on the legislation). My co-blogger Adam White had a thoughtful […]

Lineup for Second Annual Administrative Law New Scholarship Roundtable

by Chris Walker — Monday, May 1, 2017@chris_j_walker

My colleague Peter Shane and I are hosting the Second Annual Administrative Law New Scholarship Roundtable here at The Ohio State University on June 27-28, 2017. Last year’s inaugural roundtable at Michigan State was a terrific event. In February, we issued the call for papers.  We now have our lineup of presenters and senior commentators. Once […]

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Murphy on Funk on Final Agency Action (AdLaw Bridge Series)

by Chris Walker — Saturday, Apr. 29, 2017@chris_j_walker

Over at Jotwell, Chip Murphy reviews Bill Funk‘s short essay Final Agency Action after Hawkes, which is forthcoming in the New York University Journal of Law and Liberty. Here’s a summary of Funk’s essay from the SSRN abstract: On May 31, 2016, the Supreme Court decided United States Army Corps of Engineers v. Hawkes Co. (Hawkes), […]

Senators Heitkamp and Portman Introduce New Regulatory Accountability Act

by Chris Walker — Wednesday, Apr. 26, 2017@chris_j_walker

The video of today’s press conference is here, and I’ve pasted below Senator Portman’s press release on the legislation. This is an important and thoughtful proposal to modernize the Administrative Procedure Act, and I will have much more to say about it in the coming weeks (once my Senate academic fellowship concludes). Here’s the press release: […]

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