Author Archives: Chris Walker

Call for Submissions: ABA AdLaw Section’s Administrative and Regulatory Law News

by Chris Walker — Wednesday, May 16, 2018@chris_j_walker

The editorial board of the Administrative and Regulatory Law News (ARLN), the quarterly publication of the ABA Section of Administrative Law and Regulatory Practice, is seeking submissions on current topics in administrative law from practitioners, academics, judges, or anyone else with an interest in administrative law. Submissions should be approximately 1500-2000 words and may be submitted to […]

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Over at TaxProf Blog: Glogower on Wallace on OIRA/Presidential Review of Tax Regulations

by Chris Walker — Saturday, May 12, 2018@chris_j_walker

Over at TaxProf blog, my colleague Ari Glogower reviews Clint Wallace‘s Centralized Review of Tax Regulations, which is forthcoming in the Alabama Law Review. Last year I read an earlier draft of Wallace’s fascinating paper, which has become all the more important in light of the memorandum of understanding the White House’s Office of Information and Regulatory Affairs […]

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Quick Reaction to Bray’s Argument that the APA Does Not Support Nationwide Injunctions

by Chris Walker — Tuesday, May 8, 2018@chris_j_walker

Over at the Volokh Conspiracy, Sam Bray has this fascinating and timely post on why the Administrative Procedure Act (APA) does not allow for nationwide injunctions: Sometimes the question is asked whether the Administrative Procedure Act authorizes courts to give national injunctions, because it says that a “reviewing court shall . . . hold unlawful and […]

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Over at The Regulatory Review: Headless Agency Adjudication at the Patent Office

by Chris Walker — Friday, May 4, 2018@chris_j_walker

Over at The Regulatory Review, Melissa Wasserman and I have an essay about the Supreme Court’s decision last week in Oil States and our new paper The New World of Agency Adjudication, which is forthcoming in the California Law Review. Here’s a snippet from our Regulatory Review essay: Last week, the U.S. Supreme Court upheld the constitutionality of […]

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Over at Written Description: Ouellette on Walker/Wasserman on PTAB and Administrative Law

by Chris Walker — Friday, Apr. 27, 2018@chris_j_walker

Over at the IP/patent law blog Written Description, Lisa Ouellette has a very thoughtful post on The New World of Agency Adjudication, my new paper with Melissa Wasserman that is forthcoming in the California Law Review next year. Here’s the first and last paragraph: Christopher Walker is a leading administrative law scholar, and Melissa Wasserman‘s excellent work on […]

Administrative Law SSRN Reading List, March 2018 Edition

by Chris Walker — Tuesday, Apr. 24, 2018@chris_j_walker

April has been a busy month here at the Notice and Comment blog, with a terrific, two-week symposium organized by my co-blogger Jennifer Mascott on Lucia v. SEC, the constitutional challenge to the appointment of SEC administrative law judges that the Supreme Court heard on Monday. So my monthly SSRN post is coming a bit […]

Over at Law and Liberty: Philip Hamburger’s Chevron Bias, Illustrated by Statistics

by Chris Walker — Monday, Apr. 16, 2018@chris_j_walker

Over at the Law and Liberty blog earlier this month I did a quick post, provocatively titled The Federalist Society’s Chevron Deference Dilemma, on my new paper with Kent Barnett and Christina Boyd. I knew suggesting that Chevron deference *may* have some benefits — in particular, reducing partisanship in judicial decisionmaking — was not likely to be well […]

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Request for Proposals: Duke Law Journal’s 49th Annual Administrative Law Symposium

by Chris Walker — Friday, Apr. 6, 2018@chris_j_walker

From the Duke Law Journal Editors: The Duke Law Journal invites proposals for its 49th Annual Administrative Law Symposium, to be held in February 2019, at Duke University School of Law in Durham, North Carolina. The Duke Law Journal’s Administrative Law Symposium has been the premier administrative law event for over four decades. Previous symposia […]

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Constitutional Tensions in Agency Adjudication

by Chris Walker — Thursday, Apr. 5, 2018@chris_j_walker

This Term the Supreme Court will decide two cases that could shape the constitutional future of agency adjudication. First, in Oil States Energy Services v. Greene’s Energy Group, the Court will decide whether certain agency adjudications at the U.S. Patent and Trademark Office unconstitutionally strip parties of their property rights in issued patents. Second, in […]

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Over at Law and Liberty: The Federalist Society’s Chevron Deference Dilemma

by Chris Walker — Tuesday, Apr. 3, 2018@chris_j_walker

Over at the Law and Liberty blog today, I have a post with a provocative (click-baity?) title on Kent Barnett, Christina Boyd, and my new paper Administrative Law’s Political Dynamics (Vanderbilt Law Review forthcoming). Here’s a snippet from my post: The call to eliminate Chevron deference has largely come from those right of center. But it would […]

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