Author Archives: Adam White

Event This Week: “The Future of White House Regulatory Oversight and Cost-Benefit Analysis”

by Adam White — Monday, Sept. 9, 2019

We often think of the modern system of White House regulatory oversight, centered around the Office of Information and Regulatory Affairs, as a well-established framework. And of course, the nearly 40-year-old OIRA has become a significant and respected institution. But against the backdrop of our nearly 250-year-old republic, OIRA is still a very young institution. […]

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Event This Week: “The Administrative State Goes to Court: Previewing a Year of Regulatory Litigation in the Supreme Court and Circuits”

by Adam White — Monday, Sept. 9, 2019

With the Supreme Court justices returning to the bench next month, it’s time to look ahead to the coming year’s cases. Last year, the Court ended its term with a trio of cases involving major administrative law issues: Gundy v. United States, Kisor v. Wilkie, and Department of Commerce v. New York. In the year to come, what […]

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We Are All Administrativists, We Are All Anti-Administrativists

by Adam White — Thursday, June 27, 2019

In an era when our politics seems to leave us all deeply divided, the Supreme Court’s end-of-Term flurry of agency-related decisions is a welcome reminder of how much we agree on. The challenge, of course, is that we don’t express our agreements simultaneously. But they’re there. We want courts to create new doctrines of skeptical […]

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Regulating “Big Tech” and Internet Platforms — A Call for Papers

by Adam White — Saturday, June 22, 2019

This week, Senator Hawley made waves by announcing a proposal to require major social media companies to either secure FTC certification that that they are politically unbiased or lose their Section 230 immunity. Days earlier, Wired published a new cover story describing the legal issues surrounding “Backpage,” a controversial web site linked to human trafficking and prostitution. […]

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“Bureaucracy and Presidential Administration” — A Call for Papers

by Adam White — Friday, June 7, 2019

With the last academic year now behind us, George Mason University’s C. Boyden Gray Center for the Study of the Administrative State is now looking forward to the coming year’s academic programs. And we will start in September with an interesting, challenging, and timely subject: the relationship between federal agencies’ politically appointed leadership and the […]

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“The Administration of Immigration Law” — A Call for Papers

by Adam White — Wednesday, Feb. 27, 2019

One of the most active areas of regulation and reform, at the intersection of civil law, criminal law, and national security, is immigration. The administration of immigration law involves state and federal agencies in every major city in the country.  A major priority of the Trump administration, the United States Department of Homeland Security and […]

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“Technology, Innovation, and Regulation” — A Call for Papers

by Adam White — Wednesday, Jan. 23, 2019

In an era of astonishing technological innovation, how should we think about modernizing regulation? For all of their disagreements, Presidents Barack Obama and Donald Trump both recognized the risk that incumbent regulatory programs might unintentionally burden or brake valuable technological innovation. In Executive Order 13563, President Obama paid special attention to the need to “promote […]

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Law’s Attrition, Virtue’s Abnegation

by Adam White — Tuesday, Dec. 4, 2018

In September, I was one of several scholars invited to give some short remarks on Adrian Vermeule’s controversial and challenging book, Law’s Abnegation, at the Villanova Law School. After I posted my remarks to a personal web site, Professor Chris Walker very kindly invited me to cross-post them here.  ***** Law’s Attrition, Virtue’s Abnegation By […]

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President George H.W. Bush on Civil Service and Civil Society

by Adam White — Monday, Dec. 3, 2018

Amid this week’s many tributes to the late President Bush, readers of Notice & Comment may be particularly interested in the speech that he gave to members of the Senior Executive Service on January 26, 1989 — that is, on just the seventh day of his presidency. It is a stirring call to government service, celebrating […]

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Re-Imagining OIRA: A Call for Papers on the Future of Regulatory Budgets, Cost-Benefit Analysis, and White House Regulatory Oversight

by Adam White — Sunday, Nov. 11, 2018

A CALL FOR PAPERS As the White House’s Office of Information and Regulatory Affairs nears its fortieth birthday, we tend to spend a lot of time thinking about its history. But in a constitutional government that is nearly 230 years old, OIRA is actually very, very young—less a monument than an experiment. Instead of thinking […]

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