Must All Federal Employees Work During a Future Shutdown?

by Sam Wice — Friday, Feb. 8, 2019

To ensure that federal employees were promptly paid after the 35-day shutdown ended, Congress recently passed the Government Employee Fair Treatment Act of 2019. However, by passing the Act, Congress might have inadvertently required all federal employees to work during a future shutdown. The Antideficiency Act requires the government to shut down when Congress does […]

The FSOC’s Designation Program as a Case Study of the New Administrative Law of Financial Supervision, by Robert F. Weber

by Guest Blogger — Friday, Feb. 8, 2019

The Financial Stability Oversight Council, or “FSOC” (pronounced “F-Sock”), is among the most important and most underappreciated regulatory bodies in American government. It was conceived in the Dodd-Frank Act as the ultimate regulatory caulking device, filling in the perceived “gaps” in the pre-crisis regulatory edifice that hindsight revealed. The FSOC’s most important gap-filling responsibility is […]

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PDR Network or: Why the Hobbs Act Doesn’t Incorporate Chevron Doctrine (Part II), by James R. Conde

by Guest Blogger — Friday, Feb. 8, 2019

In this second post, I will explain two ways in which the Supreme Court could avoid the constitutional concerns posed by the Fourth Circuit’s decision in PDR Network. First, echoing and augmenting on themes developed in a characteristically thoughtful amicus brief filed by Professor Aditya Bamzai, and separately by Professor Bell, I argue that the […]

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Neomi Rao’s Service as the Nation’s Regulatory Czar Makes Her Uniquely Qualified to Serve on the D.C. Circuit

by Chris Walker — Monday, Feb. 4, 2019@chris_j_walker

Tomorrow the Senate Judiciary Committee will hold its hearing on the nomination of Neomi Rao to the U.S. Court of Appeals for the D.C. Circuit. In nominating Rao, President Trump has chosen wisely. Indeed, Rao’s current service as the nation’s regulatory czar makes her uniquely qualified to serve on the D.C. Circuit. The D.C. Circuit […]

Shutdown Irregularities

by Bridget C.E. Dooling — Monday, Jan. 28, 2019@BridgetDooling

The longest shutdown in the history of the federal government ended yesterday. It lasted 35 days. It was a partial shutdown, but its effects unfold for months, if not longer. While I was trolling around on various .gov websites (dear reader, do I need better hobbies? I think we both know the answer is “no”), […]