President George H.W. Bush on Civil Service and Civil Society

by Adam White — Monday, Dec. 3, 2018

Amid this week’s many tributes to the late President Bush, readers of Notice & Comment may be particularly interested in the speech that he gave to members of the Senior Executive Service on January 26, 1989 — that is, on just the seventh day of his presidency. It is a stirring call to government service, celebrating […]

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D.C. Circuit Review – Reviewed: A Potential Student Note (or Three)

by Aaron Nielson — Friday, Nov. 30, 2018@Aaron_L_Nielson

We have opinions this week. One is about jurisdiction and agency efforts to postpone a compliance deadline, another is about mootness with a congressional backdrop, and the third is about the Bill of Attainder Clause in the context of “a Russian-based cybersecurity company.” These cases got me thinking about potential student notes. What can I […]

Spotlight on HHS Entries in OIRA’s Latest Regulatory Reform Report

by Bridget C.E. Dooling — Friday, Nov. 30, 2018@BridgetDooling

Earlier this week I posted a new report over at the GW Regulatory Studies Center that sheds some light on the inner workings of this administration’s ongoing regulatory two-for-one initiative. As you might recall, Executive Order 13771 imposed new constraints on executive branch regulatory agencies, directing them to cut two rules for any new rule issued and to […]

Administrative Law SSRN Reading List, October 2018 Edition

by Chris Walker — Thursday, Nov. 29, 2018@chris_j_walker

Here is the October 2018 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. ‘Faithful Execution’ and Article II by Andrew Kent, Ethan J. Leib & Jed Handelsman Shugerman (Harvard Law Review forthcoming) [CJW Note: This is a fascinating deep […]

When Chevron Meets the Hobbs Act: PDR Network v. Carlton & Harris Chiropractic, Inc. (Part III)

by Bernard Bell — Thursday, Nov. 29, 2018

The worse day in a man’s life is when he sits down and begins thinking about how he can get something for nothing.  — Thomas Jefferson This concluding post of my three-part series regarding PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., Dkt. No. 17-1705 (U.S. Sup. Ct.), addresses the merits question the case […]

70th Plenary Agenda: Comments Due Dec. 7 (ACUS Update)

by Emily Bremer — Wednesday, Nov. 28, 2018@emilysbremer

The Administrative Conference will host its 70th Plenary Session on December 13th and 14th, 2018.  Once again, the meeting will be held at the George Washington University Law School, Jacob Burns Moot Court Room, 2000 H Street NW, Washington, DC 20052.  The Assembly is set to consider five proposed recommendations.  From the Federal Register notice, these recommendations […]

When Chevron Meets the Hobbs Act: PDR Network v. Carlton & Harris Chiropractic, Inc. (Part II)

by Bernard Bell — Tuesday, Nov. 27, 2018

This is the second post in a three-part series regarding PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., Dkt No. 17-1705 (certiorari granted November 13, 2018).  This post addresses the question the case nominally presents — does the Hobbs Act require district courts to apply FCC regulations, even when the court believes they conflict […]

Exploring the Constitutional Tensions in Agency Adjudication after Lucia and Oil States

by Chris Walker — Monday, Nov. 26, 2018@chris_j_walker

As part of a terrific Iowa Law Review Administering Patent Law Symposium, I have spent some time thinking about the constitutional tensions in agency adjudication after the Supreme Court’s decisions last Term in Lucia and Oil States. I’ve just posted a draft of that essay to SSRN. One thing that somewhat surprised me in working through […]

Is Matthew Whitaker’s Appointment Constitutional? An Examination of the Early Vacancies Acts, by Thomas Berry

by Guest Blogger — Monday, Nov. 26, 2018

A debate is raging and litigation has already begun over whether President Trump’s selection of Matthew Whitaker to serve as acting attorney general is constitutional. Just recently, three Democratic senators filed suit arguing that Whitaker’s appointment has unconstitutionally deprived them of their right to vote on his nomination. As this debate unfolds, one crucial piece […]

When Chevron Meets the Hobbs Act: PDR Network v. Carlton & Harris Chiropractic, Inc. (Part I)

by Bernard Bell — Monday, Nov. 26, 2018

  “When Chevron meets Hobbs, consideration of the merits must yield to jurisdictional constraints.” Carlton & Harris Chiropractic, Inc. v. PDR Network, 883 F.3d 459 (4th Cir. 2018) The Supreme Court recently granted certiorari in PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., Dkt No. 17-1705, (Order List Nov. 13, 2018).  The Court framed […]