Category Archives: AdLaw Bridge Series

Adler on Gluck & Posner on Judges as Statutory Interpreters

by Chris Walker — Monday, Mar. 12, 2018@chris_j_walker

I was so excited to see Abbe Gluck’s latest article (with Richard Posner)—Statutory Interpretation on the Bench: A Survey of Forty-Two Judges on the Federal Courts of Appeals—hit the Harvard Law Review press over the weekend. Gluck’s empirical and theoretical work on legislation and statutory interpretation is always a must-read, and this article is no […]

Chevron and Political Accountability

by Chris Walker — Sunday, Mar. 11, 2018@chris_j_walker

Kent Barnett and I recruited political scientist Christina Boyd as a coauthor to mine our Chevron in the circuit courts dataset in a more sophisticated manner. We just posted to SSRN a draft of our latest article from this dataset—Administrative Law’s Political Dynamics—which is forthcoming in the Vanderbilt Law Review. I’ll be blogging more about this […]

Oil States and Patent Adjudication at the USPTO

by Chris Walker — Wednesday, Feb. 28, 2018@chris_j_walker

Last November the Supreme Court heard oral argument in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC to consider whether certain agency adjudications at the U.S. Patent and Trademark Office are unconstitutional because they strip parties of their private property rights in a non-Article III forum and without a jury. At oral argument, the justices raised […]

Sharkey on Rethinking Chevron Step Two (AdLaw Bridge Series)

by Chris Walker — Saturday, Jan. 20, 2018@chris_j_walker

The calls to rethink Chevron deference haven’t ceased, with the primary focus being on whether to eliminate the doctrine entirely or how to narrow it further on Chevron Step Zero (think: major questions doctrine). I’ve captured those developments and arguments in an essay forthcoming in the Georgetown Journal of Law and Public Policy entitled Attacking Auer and […]

Administrative Law SSRN Reading List, December 2017 Edition

by Chris Walker — Monday, Jan. 8, 2018@chris_j_walker

Happy new year! 2017 was a great year for administrative law scholarship. Here is the final (December) 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. A Bureaucracy – If You Can Keep It by Mila Sohoni (131 Harvard Law […]

OIRA’s Lineage and Enforcement Responsibilities, by Jim Tozzi

by Guest Blogger — Tuesday, Jan. 2, 2018

Professor Andrew Rudalevige of Bowdoin College has written two articles on the creation of the Office of Information and Regulatory Affairs (OIRA): one just published in the 2018 Winter Edition of National Affairs (Number 34) and the other an earlier and more-detailed presentation published by the Midwest Political Science Association. Professor Rudalevige concludes: Presidential authority […]

Sunstein & Vermeule on Administrative Law’s Morality (and 2017 AdLaw Year in Review)

by Chris Walker — Friday, Dec. 29, 2017@chris_j_walker

This year has been an eventful one for administrative law, to put it mildly. We have had a change in presidential administration, with an accompanying focus on deregulation across the federal bureaucracy and mission re-orientation at a number of federal agencies. One agency (the CFPB) currently has dueling acting directors—one appointed by the outgoing agency head and the other […]

Brookings Series on Regulatory Process and Perspective

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

Over at Brookings’ Center on Regulation and Markets, Philip Wallach has started a terrific new Regulatory Process and Perspective Series, with Anne Joseph O’Connell, Rachel Augustine Potter, and Connor Raso as regular contributors. Here is Wallach’s introduction to the series: Regulatory process” is a phrase that can’t help but sound boring— to many people, it […]

Regulatory Review Series on Verkuil’s Valuing Bureaucracy

by Chris Walker — Tuesday, Dec. 19, 2017@chris_j_walker

Paul Verkuil, former Chair of the Administrative Conference of the United States and former law school dean at Tulane and Cardozo, published an important new book this summer entitled Valuing Bureaucracy: The Case for Professional Government (Cambridge University Press). Here’s the description of the book from the CUP website: To be effective, government must be […]

D.C. Circuit Review – Reviewed: Bye-Bye, Browning-Ferris

by Aaron Nielson — Saturday, Dec. 16, 2017@Aaron_L_Nielson

(Apologies; this post was written quickly — and at 30,000 feet.) This has been a busy week. What to write about? The White House released the Unified Agenda. Unfortunately, I haven’t had a chance to review it yet. The Administrative Conference of the United States finished its plenary session.* Emily Bremer, however, will have that […]