Category Archives: AdLaw Bridge Series

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 […]

Administrative Law SSRN Reading List, June 2018 Edition

by Chris Walker — Wednesday, July 18, 2018@chris_j_walker

This summer the SSRN adlaw working paper series has provided for ample beach reading. June was no exception. Here is the June 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. Regulatory Police by Rory Van Loo (Columbia […]

Administrative Law SSRN Reading List, May 2018 Edition

by Chris Walker — Monday, June 25, 2018@chris_j_walker

Here is the May 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. There’s a lot of new scholarship on this list, adding signficantly to my summer reading list: Petitioning and the Making of the Administrative State by […]

Administrative Law SSRN Reading List, April 2018 Edition

by Chris Walker — Monday, May 28, 2018@chris_j_walker

May has gotten away from me with final exam grading and the start of my law school’s Washington, DC, summer program, which I direct.  But here is the April 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. The […]

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 […]

Administrative Law SSRN Reading List, February 2018 Edition

by Chris Walker — Tuesday, Mar. 13, 2018@chris_j_walker

Wow, this month’s SSRN reading list is full of some of my favorite administrative law/public law scholars, including Bulman-Pozen, Heise, Lawson, Metzger, Michaels, Pozen, Sharkey, Stack, and Sunstein! And the papers are fascinating. Here is the February 2018 edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law […]