The October 9 Executive Orders and Government Acquisition of Information

by Bernard Bell — Thursday, Oct. 10, 2019

As Aaron Nielson has noted, two new Executive Orders were issued yesterday.  He has described some of the major provisions.  But, in addition, there are provisions in the “Executive Order on Promoting the Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication” regarding government inspections and information collection. With respect to […]

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Spectrum Wars: FedSoc Teleforum Today, 2PM

by Christopher J. Walker — Thursday, Oct. 10, 2019@chris_j_walker

10/14/2019 Update: The podcast version of this teleforum is now available here. This was a fascinating and vigorous debate, and I learned a lot. This afternoon I’ll be moderating a Federalist Society teleforum on “Spectrum Wars.” Here are the details: With the advent of mobile devices, ubiquitous home laptop, tablet and iPad computers, content streaming […]

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Breaking News: Two Major Executive Orders

by Aaron Nielson — Wednesday, Oct. 9, 2019@Aaron_L_Nielson

President Trump today issued two new executive orders on administrative law: The “Promoting the Rule of Law Through Improved Agency Guidance Documents” E.O. and the “Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication” E.O. Here is a snippet from the White House’s fact sheet: There is a lot in these […]

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Ninth Circuit Review-Reviewed: Does Step One Allow for a Spectrum of Ambiguity?, by William Yeatman

by Guest Blogger — Wednesday, Oct. 9, 2019

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to last month’s cases. Isn’t Textual Ambiguity a “Yes” or “No” Question? In Kisor v. Wilkie, the Supreme Court purportedly upheld the Auer doctrine of judicial respect for an agency’s […]

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Food Marketing Institute: Office of Information Policy Guidance Released

by Bernard Bell — Wednesday, Oct. 9, 2019

As noted in prior posts (here and here), the Supreme Court radically altered the long-accepted scope of Freedom of Information Act (“FOIA”) Exemption 4 in Food Marketing Institute v. Argus Leader Media, 139 S.Ct. 2356 (June 24, 2019). On October 3, the Department of Justice’s Office of Information Policy (“OIP”) released guidance to agencies regarding […]

Federalist Society Teleforum Today at 1PM: Litigation Update on Gundy v. United States and the Nondelegation Doctrine

by Christopher J. Walker — Wednesday, Oct. 9, 2019@chris_j_walker

[10/10 Update: Podcast version of teleforum available here.] Devin Watkins of CEI and I will be discussing the Supreme Court’s decision this week to relist the rehearing petition in Gundy v. United States and the state of play for nondelegation challenges more generally. Here are the details: Litigation Update: Gundy v. U.S. Litigation Practice Group […]

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Private Standards and Public Governance, by Cary Coglianese

by Guest Blogger — Wednesday, Oct. 9, 2019

Law is often thought to provide the bedrock of order in modern society. But as important as law can be, social and economic order also emerges from a host of non-legal norms and non-governmental institutions. In their new book, JoAnne Yates and Craig Murphy trace the history of non-legal institutions dedicated expressly to producing order: […]

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The Visible Hand?, by Brian L. Frye

by Guest Blogger — Tuesday, Oct. 8, 2019

Adam Smith famously observed that self-interest serves the public interest, because markets act as “an invisible hand to promote an end which was no part of his intention.” To which Finley Peter Dunne offered a rather less sanguine response: “A lie with a purpose is one of the worst kind, and the most profitable.” In […]

Review by Justus Baron, Northwestern University

by Guest Blogger — Tuesday, Oct. 8, 2019

JoAnn Yates and Craig Murphy compiled a compelling and enjoyable history of private standardization from the late 19th to the earliest 21st century. I read the book from the perspective of an empirical economist who studies today’s Standards Development Organizations (SDO). Economic analysis is often oblivious of the history of the organizations it studies, and […]

Engineering Rules, a Review by Peter L. Strauss

by Guest Blogger — Monday, Oct. 7, 2019

“Engineering Rules” is a clever triple entendre, evoking rules (the industrial standards that are its concern), the emergence of engineering (the profession largely responsible for their creation) and the consensus processes developed over time (the engineering) by which they have been created.  The book is an extraordinarily detailed history of the movement from national to […]