Category Archives: AdLaw Bridge Series

Review of Peter J. Wallison’s Judicial Fortitude, by Alan B. Morrison

by Guest Blogger — Monday, Oct. 15, 2018

It should come as no surprise that conservatives like Peter J. Wallison, a friend and law school classmate, and now a senior fellow at the American Enterprise Institute, should want to rein in the administrative state. Nor is it remarkable that opponents of regulation, like Wallison, have focused their attention on overturning the Chevron doctrine, […]

ACS Issue Brief: Reforming “Regulatory Reform”

by Chris Walker — Friday, Oct. 5, 2018@chris_j_walker

From the American Constitution Society website: Reforming “Regulatory Reform”: A Progressive Framework for Agency Rulemaking in the Public Interest DAN FARBER Sho Sato Professor of Law and Faculty Director, Center for Law, Energy, and the Environment, University of California Berkeley Law and LISA HEINZERLING Justice William J. Brennan, Jr. Professor of Law, Georgetown Law and PETER SHANE Jacob E. Davis […]

Replicating the Seminal Eskridge and Baer SCOTUS Chevron Deference Study

by Chris Walker — Friday, Oct. 5, 2018@chris_j_walker

As regular readers of the blog know, I’m very interested in how Chevron deference plays out on the ground in the federal courts of appeals. Kent Barnett and I spent several years coding eleven years (2003-2013) of all published circuit-court opinions that mention Chevron or Skidmore deference. As for study design, we modeled out approach, […]

Hot off UCLA Law Review Press: The Safeguards of Our Constitutional Republic Symposium

by Chris Walker — Sunday, Sept. 30, 2018@chris_j_walker

As I blogged about back in January, the UCLA Law Review organized a terrific live symposium entitled The Safeguards of Our Constitutional Republic. The print issue just came out. Here’s a rundown of the written contributions from the UCLA Law Review website, with links to each essay: IN PRINT: VOLUME 65, ISSUE 6 JON D. […]

Administrative Law SSRN Reading List, August 2018 Edition

by Chris Walker — Friday, Sept. 21, 2018@chris_j_walker

This month has been busy, so I’m late with the August 2018 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. But it’s a really excellent set of papers:   Deep Fakes: A Looming Challenge for Privacy, Democracy, and […]

New Legislation: Injunctive Authority Clarification Act of 2018

by Chris Walker — Friday, Sept. 14, 2018@chris_j_walker

Yesterday the House Judiciary Committee marked up and reported out favorably legislation that would attempt to prohibit federal courts from issuing certain types of nationwide injunctions: No court of the United States (and no district court of the Virgin Islands, Guam, or the Northern Mariana Islands) shall issue an order that purports to restrain the […]

Shortcuts in the Process of Issuing or Repealing Rules, by Richard J. Pierce, Jr.

by Guest Blogger — Tuesday, Sept. 4, 2018

An agency cannot issue, amend, or rescind a legislative rule without first conducting a notice and comment proceeding (N&C) unless it can find an applicable exemption from the N&C procedure. The N&C process has become so lengthy and resource-intensive that agencies are increasingly desperate to find an applicable exception. Moreover, Congress sometimes shares agencies’ frustration […]

Administrative Law SSRN Reading List, July 2018 Edition

by Chris Walker — Monday, Aug. 20, 2018@chris_j_walker

Here is the July 2018 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. With the start of the new school year (and some other personal and professional obligations this month), I haven’t been able to give these papers […]

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Parrillo on Holding Agency Officials in Contempt of Court

by Chris Walker — Friday, Aug. 10, 2018@chris_j_walker

Yesterday a federal district judge ordered the federal government to return two asylum seekers to the United States that the government had put on a plane to depart from the country. News coverage of the judge’s order has focused on the judge’s threat for compliance: in the event that the Defendants do not fully comply with this […]

Mashaw and Berke on Presidentialism Versus Pluralism: The Missing Epilogue to Madison’s Nightmare, by Peter M. Shane

by Guest Blogger — Monday, July 30, 2018

The University of Chicago Press surprised me in 2015 with the happy news that they intended to bring out in paperback my 2009 book, Madison’s Nightmare: How Executive Power Threatens American Democracy. A less happy surprise was the press’s lack of interest in my providing an epilogue that would bring the analysis forward through seven […]