Author Archives: Chris Walker

Reinvigorating Congress’s Oversight Role of the Federal Bureaucracy

by Chris Walker — Wednesday, Oct. 18, 2017@chris_j_walker

As I noted last month, the ABA Annual Administrative Law Conference is my favorite adlaw event of the year. This year’s program, which starts tomorrow, might be the best one (I’ve attended) to date. Lots of great panels, so check out the full program here. The first panel of the day — Reinvigorating Congress’s Oversight Role […]

Villanova Law Review Symposium: FOIA at 50

by Chris Walker — Sunday, Oct. 15, 2017@chris_j_walker

Looks like a fascinating law review symposium by the Villanova Law Review (from the law school’s website): The Villanova Law Review examines fifty years of operation under the Freedom of Information Act (FOIA) with its annual Norman J. Shachoy Symposium on October 20, 2017. The symposium features a group of distinguished FOIA and transparency scholars, governmental officials, […]

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Gelbach and Marcus on Judicial “Problem-Oriented Oversight” of Mass Agency Adjudication (AdLaw Bridge Series)

by Chris Walker — Wednesday, Oct. 4, 2017@chris_j_walker

Last year the Administrative Conference of the United States adopted a recommendation for special procedural rules for social security litigation in the federal district court, based on an incredible empirical study on by Jonah Gelbach and David Marcus. (All of the ACUS project documents are collected here.) The study focused on, among other things, judicial remand […]

Hot Off the Press: ABA’s Developments in Administrative Law and Regulatory Practice 2016 Edition

by Chris Walker — Monday, Oct. 2, 2017@chris_j_walker

Each year the American Bar Association’s Section of Administrative Law and Regulatory Practice publishes Developments in Administrative Law and Regulatory Practice. The print version of the book covers developments in agency adjudication, constitutional law and separation of powers, judicial review, and rulemaking. Additional chapters are included in the e-book version. Although I am not an […]

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Does Auer/Chevron Deference Apply to State Agency Interpretations of Federal Law?

by Chris Walker — Thursday, Sept. 21, 2017@chris_j_walker

In Grand Canyon Trust v. Energy Fuels Resources (U.S.A.) Inc., Judge Waddoups of the U.S. District Court for the District of Utah concluded that a state agency is entitled to “some deference” as to an interpretation by the Utah Department of Air Quality (DAQ) of the Clean Air Act and its implementing regulations. Here’s the key part […]

ACS’s Richard D. Cudahy Writing Competition on Regulatory and Administrative Law

by Chris Walker — Wednesday, Sept. 20, 2017@chris_j_walker

This annual adlaw paper competition by the American Constitution Society always picks a great winner (list of prior winners here), which should come as no surprise based on the amazing group of judges who participate each year. Paper submission deadline is in February, and here are the full details from the ACS’s website: The American […]

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The Regulators: Our Invisible Government (1982 PBS documentary now on C-SPAN)

by Chris Walker — Monday, Sept. 18, 2017@chris_j_walker

Many of us remember seeing the 1982 PBS documentary The Regulators: Our Invisible Government in our administrative law course in law school. C-SPAN has made this instant adlaw classic available for public viewing on its website here. [HT Linda Jellum!] Here’s a summary of the documentary from C-SPAN: The Regulators The Regulators: Our Invisible Government is a 1982 […]

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A Status Update on Criticisms of Auer and Chevron Deference

by Chris Walker — Monday, Sept. 11, 2017@chris_j_walker

Back in April the Georgetown Center for the Constitution and the Institute for Justice organized a terrific conference entitled Challenging Administrative Power. The Georgetown Journal of Law and Public Policy generously agreed to publish the papers presented at the conference, and that conference issue is forthcoming early next year. For my short conference contribution, I decided […]

Save the Date and Register: Annual ABA AdLaw Conference in DC, Oct. 19-20, 2017

by Chris Walker — Thursday, Sept. 7, 2017@chris_j_walker

Below are the details from the ABA AdLaw Section. For what it’s worth, my ABA Adjudication Co-Chair (and the ACUS Vice Chair) Matt Wiener and I have helped organize two great panels on agency adjudication — one on recent developments related to the constitutionality of administrative law judges and the other on agency adjudication outside […]

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