Spring Meeting Dates on Marketable Permits (ACUS Update)

by Emily Bremer — Wednesday, Mar. 22, 2017@emilysbremer

The Administrative Conference has announced new committee meeting dates for another of its spring projects, all of which I recently previewed.  The new dates are as follows: The Committee on Regulation will meet to discuss the Marketable Permits project on Tuesday, March 28 at 2 pm and Thursday, April 13 at 2 pm. Please also note that the […]

Save the Date: 13th Annual Administrative Law Institute, May 18-19 in DC

by Chris Walker — Wednesday, Mar. 22, 2017@chris_j_walker

Here’s a preview: Join us for the 13th Annual Administrative Law & Regulatory Practice Institute Thursday May 18th – Friday May 19th, 2017 Capital Hilton 1001 16th St. NW Washington, D.C. 20036 Topics at a Glance: The Rulemaking Process Judicial Review of Rules The Congressional Review Act’s Sudden Reemergence From the “Pen and Phone” to […]

This entry was tagged .

Sherley You’re Joking

by Nicholas Bagley — Wednesday, Mar. 22, 2017

In a provocative post from last week, Adam White argued that the D.C. Circuit’s 2012 decision in Sherley v. Sebelius could create difficulties for parties who challenge agency actions taken pursuant to President Trump’s executive orders. Adam makes some good points, but I think Sherley is so badly reasoned that its holding ought to count […]

This entry was tagged .

New Spring Meeting Dates Announced (ACUS Update)

by Emily Bremer — Tuesday, Mar. 21, 2017@emilysbremer

The Administrative Conference has announced new committee meeting dates for one of its spring projects, which I recently previewed.  The new dates are as follows: The Committee on Rulemaking will meet to discuss the Negotiated Rulemaking project on Thursday, March 23 at 9:30 am and Thursday, April 13 at 9:30 am. If you would like […]

Klonick on the New Governors of Online Speech (AdLaw Bridge Series)

by Emily Bremer — Tuesday, Mar. 21, 2017@emilysbremer

Kate Klonick has a fascinating new article forthcoming in the Harvard Law Review examining how private online platforms, including Facebook, Twitter, and YouTube, regulate user speech.  Entitled The New Governors: The People, Rules, and Processes Governing Online Speech, the article is an important contribution to the understanding of how private entities regulate conduct and enforce public law norms […]

Judicial Review Encourages Better Economic Analysis at the SEC, by Jerry Ellig

by Guest Blogger — Tuesday, Mar. 21, 2017

One of the most controversial aspects of comprehensive regulatory reform is the potential role of courts in reviewing agencies’ Regulatory Impact Analysis or other similar economic analysis that informs regulatory decisions. The Securities and Exchange Commission provides a useful case study on the effects of such judicial review. The commission’s chief economist and general counsel […]

This entry was tagged .

Gorsuch’s Tech Law Record Raises Concerns, by Mark Grabowski

by Guest Blogger — Monday, Mar. 20, 2017

Editor’s Note: Professor Grabowski has written a longer essay on this piece in the Yale Journal on Regulation Bulletin. You can access it here! Cell phone privacy, network neutrality and encryption are some of the many tech-related issues that Neil Gorsuch could rule on if he’s successfully appointed to the U.S. Supreme Court. Gorsuch “needs to get tech,” writes Wired‘s Issie […]

The CBO-CBA Analogy, or What Wonks Could Learn from Each Other

by Jennifer Nou — Sunday, Mar. 19, 2017@Jennifer_Nou

The Congressional Budget Office (CBO) recently released its long-awaited report on the likely budgetary effects of the American Health Care Act. The legislative counterpart to the White House’s Office of Management and Budget, CBO estimates how federal spending and revenues would change as a result of proposed legislative bills. The resulting Republican talking points were […]

Spring 2017 Projects (ACUS Update)

by Emily Bremer — Sunday, Mar. 19, 2017@emilysbremer

The Administrative Conference of the United States will soon begin spring committee meetings on a slate of projects targeted for completion at the 67th annual plenary session, to be held in June.  These projects include: (1) Adjudication Materials on Agency Websites; (2) Negotiated Rulemaking; (3) Electronic Case Management in Federal Administrative Adjudication; and (4) Marketable […]

D.C. Circuit Review – Reviewed: Espionage

by Aaron Nielson — Friday, Mar. 17, 2017@Aaron_L_Nielson

This blog is hosted by the Yale Journal on Regulation — so I usually my focus on blogging on, you know, regulation. Funny that. This week, however, I am making an exception. You see, I have an important public service announcement: If a foreign state is spying on you, there is a good chance you […]