Category Archives: AdLaw Bridge Series

Feinstein on Congressional Oversight of the Executive Branch (AdLaw Bridge Series)

by Emily Bremer — Saturday, Apr. 22, 2017@emilysbremer

Political control of administrative agencies is a hot topic these days.  And Brian D. Feinstein has a timely new article, Congress in the Administrative State, forthcoming in the Washington University Law Review that empirically evaluates how Congressional oversight hearings fit into the picture.  Using an original dataset constructed from inspectors general semiannual reports, Government Accountability Office annual “top management challenges” lists, […]

Administrative Law SSRN Reading List, March 2017 Edition, by Chris Walker

by Chris Walker — Wednesday, Apr. 5, 2017@chris_j_walker

Here is the March 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. I wish I had more time comment, as this month has a particularly strong set of papers. Here’s the list: The Endgame of Administrative Law: […]

Klonick on the New Governors of Online Speech (AdLaw Bridge Series)

by Emily Bremer — Tuesday, Mar. 21, 2017@emilysbremer

Kate Klonick has a fascinating new article forthcoming in the Harvard Law Review examining how private online platforms, including Facebook, Twitter, and YouTube, regulate user speech.  Entitled The New Governors: The People, Rules, and Processes Governing Online Speech, the article is an important contribution to the understanding of how private entities regulate conduct and enforce public law norms […]

Bull & Ellig on Improving Regulatory Impact Analysis via Judicial Review (AdLaw Bridge Series)

by Chris Walker — Saturday, Mar. 11, 2017@chris_j_walker

Earlier this month the Center for the Study of the Administrative State hosted a terrific public policy conference on the Hill entitled The Time for Regulatory Reform in Congress. We discussed most of the  legislative regulatory reform proposals pending in Congress as well as a number of additional ideas that scholars have suggested. Video of the panels and […]

Administrative Law SSRN Reading List, February 2017 Edition

by Chris Walker — Monday, Mar. 6, 2017@chris_j_walker

As I predicted in last month’s SSRN post, with the Spring law review submission cycle upon us we’re starting to see some really terrific new papers being posted to SSRN. Here is the February 2017 edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law eJournal, which […]

Symposium Issue: A Future Without the Administrative State? (AdLaw Bridge Series)

by Chris Walker — Tuesday, Feb. 28, 2017@chris_j_walker

Last March the Missouri Law Review hosted a terrific symposium, organized by Professor Erin Morrow Hawley, entitled A Future Without the Administrative State? (video here). The published issue from the symposium was just posted to the Law Review‘s website. I tweeted out thread of summaries/links to each piece here. Professor Hawley’s introduction is definitely a […]

Who are “Officers of the United States”?

by Aaron Nielson — Thursday, Feb. 16, 2017@Aaron_L_Nielson

The D.C. Circuit just granted en banc review in Raymond J. Lucia Companies, Inc. v. SEC. I’ve discussed this case before. In short, the full D.C. Circuit (minus Chief Judge Garland) will decide whether the SEC’s administrative law judges are “employees” or “inferior officers.” If the ALJs are mere employees, then the manner of their […]

Surly Subgroup Mini-Symposium on The Future of Tax Administration and Enforcement

by Chris Walker — Saturday, Feb. 11, 2017@chris_j_walker

Over at The Surly Subgroup blog, Leandra Lederman just wrapped up hosting a terrific mini-symposium entitled The Future of Tax Administration and Enforcement. This online symposium grew out of an in-person discussion group at the 2017 Annual Meeting of the American Association of Law Schools last month. Professor Lederman has some concluding thoughts here, and my […]

Administrative Law SSRN Reading List, January 2017

by Chris Walker — Thursday, Feb. 2, 2017@chris_j_walker

It’s a new year for administrative law scholarship, one full of promise with so many fascinating adlaw issues arising with a change in presidential administration. We have new executive orders and other executive actions, chatter about the removal of the CFPB director, agencies with new leadership with new agendas, unified government with perhaps unusual alliances for […]

What Happens if (or When) the Federal Government Disobeys a Court Order?, by David C. Vladeck

by Guest Blogger — Wednesday, Feb. 1, 2017

  Yale Law School Professor Nick Parrillo must have a crystal ball. His just-posted article, The Endgame of Administrative Law: Governmental Disobedience and the Judicial Contempt Power, seems to have anticipated today’s headlines. The controversies over Trump’s ill-considered Immigration Executive Order, Trump’s summary firing of Acting Attorney General Sally Yates for refusing to defend the […]