Category Archives: Symposium on the ABA AdLaw Section’s Report to the President-Elect

APA Rulemaking Revision, Continued, by Ronald M. Levin

by Guest Blogger — Wednesday, Dec. 21, 2016

As part of this blog’s symposium on the ABA Section of Administrative Law and Regulatory Practice’s recent Report to the President-Elect, Bernie Bell has written a thoughtful commentary on the ABA’s 2016 proposals to revise the Administrative Procedure Act. I have something of a stake in those proposals, because I successfully presented them to the […]

Conclusion: Symposium on the ABA AdLaw Section’s 2016 Report to the President-Elect, by Emily Bremer and Paul Noe

by Emily Bremer — Friday, Dec. 16, 2016@emilysbremer

Over the last several weeks, we have hosted an online symposium on the 2016 Report to the President-Elect on Improving the Administrative Process, which was released by the ABA Section on Administrative Law and Regulatory Practice in advance of the presidential election. The symposium has generated a robust, diverse discussion of many of the recommendations […]

Regulatory Review for Independent Agencies, by Neomi Rao

by Guest Blogger — Wednesday, Dec. 14, 2016

The gap between textbook administrative law and actual practice exists in many areas, but perhaps nowhere more so than with respect to the so-called independent agencies. In theory, such agencies operate “independent” of the control and direction of the President. In practice, the White House has myriad mechanisms to oversee and even to control these […]

Promoting the Alternative to the Alternative to Courts, by Renée M. Landers

by Guest Blogger — Tuesday, Dec. 13, 2016

In A Report to the President-Elect of the United States 2016, the ABA’s Section of Administrative Law and Regulatory Practice calls attention to the opportunity to enhance to the efficiency of, and satisfaction with, the outcomes of agency adjudications by expanding the government’s commitment to using ADR techniques. Any discussion of ADR in the context […]

Unbent Science, by Peter Strauss

by Guest Blogger — Tuesday, Dec. 6, 2016

A fraught area in recent times has been the unwillingness of the political executive to accept scientific findings generated in the civil service or in the academy in the face of controversy over regulatory matters on which they bear. Issues about “bending science” became particularly acute during the second Bush presidency, when political refusals to […]

A Syllabus on OIRA, by Jim Tozzi

by Guest Blogger — Friday, Dec. 2, 2016

In any incoming Administration there are two unique appointments which could have a significant impact on the ultimate success or failure of an Administration, the Director of OMB and the leader of one of its component offices—the Office of Information and Regulatory Affairs, OIRA. The former helps develop and enforce Presidential policies using the annual […]

Questions Concerning Federal Regulations during the Obama-Trump Transition, by John Cooney

by Guest Blogger — Thursday, Dec. 1, 2016

The press and regulated entities have been asking many questions about the status of regulations issued under the Obama Administration, and whether and how they might be revised or repealed when the Trump Administration takes office.  These questions arise in four major areas — Executive Orders, Midnight Rules, application of the Congressional Review Act, and […]

Revisiting APA Section 553, by Bernard W. Bell

by Guest Blogger — Wednesday, Nov. 30, 2016

On February 8, 2016, the ABA adopted recommendations to revamp the APA’s informal rulemaking provision, 5 U.S.C. § 553.  In its Report to the President-Elect, the ABA Section on Administrative and Regulatory Law has urged the Trump administration to endorse those revisions (pages 10-11).  The provisions have been summarized previously in this blog here. Section […]

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If the Public Is Not Aware of Agency Guidance, Does It Exist?, by Levon Schlichter

by Guest Blogger — Tuesday, Nov. 29, 2016

This blog post is one in a series of posts discussing the 2016 Report to the President-Elect that American Bar Association’s Section of Administrative Law and Regulatory Practice issued shortly before the presidential election. In this post, I will discuss the recommendation that the President ensures that all agency guidance documents are made available online […]

Retrospective Review, for Tomorrow’s Sake

by Adam White — Monday, Nov. 28, 2016

In the ABA Administrative Law Section’s Report to the President-Elect, one finds a rather familiar recommendation: that the agencies undertake “careful, in-depth retrospective review of existing rules.” I call this a “familiar” recommendation, because President-elect Trump’s predecessor called for such a retrospective review in his own Administration. In early 2011, after the mid-term elections, President Obama […]