Ninth Circuit Review—Reviewed: Split Panel Demonstrates Modern Perversion of Justice Stevens’s Chevron “Legacy,” by William Yeatman

by Guest Blogger — Friday, Aug. 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.” With the passing of Justice John Paul Stevens, RIP, I’ve read commentaries suggesting his Chevron deference “legacy” is at risk. In fact, these pundits are mistaken. While it’s true that Justice Stevens penned […]

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Bending the Rules: Procedural Politicking or Bureaucratic Perfidy (Part II), by Bernard Bell

by Guest Blogger — Friday, Aug. 9, 2019

In Bending the Rules: Procedural Politicking in the Bureaucracy, Rachel Potter examines agency strategies for coping with presidential, congressional, and judicial review of their proposed rules.  Scholars have long thought that agencies substantively moderate their rules to anticipate concerns likely to be raised in the course of the political process and subsequent litigation.  Prof. Potter […]

Procedural Politicking and Auer Deference

by Christopher J. Walker — Thursday, Aug. 8, 2019@chris_j_walker

Rachel Potter’s new book Bending the Rules: Procedural Politicking in the Bureaucracy is an absolute must-read for those interested in agency rulemaking and in administrative law and regulatory practice more generally. As the title suggests, the book explores empirically and theoretically how agency officials — both career civil servants and political appointees — leverage procedural […]

The Revenge of the Enacting Coalition, by Stuart Shapiro

by Guest Blogger — Thursday, Aug. 8, 2019

The question of how political actors can overcome the principal-agent problem and “control” bureaucratic decisions has long fascinated political scientists.  In 1987, Matthew McCubbins, Roger Noll, and Barry Weingast (often referred to as “McNollgast”) put forth an argument regarding the use of procedures by legislatures to constrain bureaucratic behavior.  They maintained that by requiring agencies […]

Making the Invisible Visible, by Emily Bremer

by Emily Bremer — Wednesday, Aug. 7, 2019@emilysbremer

Rachel Potter’s new book, Bending the Rules, offers an intriguing new look into how agencies strategically use procedural discretion in rulemaking to achieve a desired outcome in the face of opposition. The tools agencies have to engage in this “procedural politicking” (as Potter calls it) arise within the “white space” that is created by the […]

Bending the Discipline, by Andrew Rudalevige

by Guest Blogger — Wednesday, Aug. 7, 2019

I come to Rachel Potter’s Bending the Rules as a longtime member and sometime officer of the American Political Science Association’s organized section on Presidents and Executive Politics. When I joined that group back in the late ‘90s, it was known as the Presidency Research Group — and that intervening rebranding usefully illustrates the way […]

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Considering Regulators in Research on Regulation, by Christopher Carrigan

by Guest Blogger — Tuesday, Aug. 6, 2019

Regulatory scholars have traditionally viewed the three primary actors in the regulatory process – political overseers, regulatory agencies, and regulated entities – as operating in a set of nested principal-agent relationships. In the first, the overseer, which might be Congress, the president, or the courts, functions as the principal, and the regulator is the agent. […]

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ABA AdLaw Section Happy Hour This Friday, 8/9, at City Tap House (Dupont DC)

by Christopher J. Walker — Tuesday, Aug. 6, 2019@chris_j_walker

Happy Hour | City Tap House – Dupont 5:00 PM – 6:30 PM 1250 Connecticut Ave NW | Washington, DC 20036 Join us this Friday in DC for the Section of Administrative Law Happy Hour event! Open to all section members, law student members, and anyone interested in connecting with your fellow Administrative Law colleagues […]

Call for Submissions: AALS New Voices in Administrative Law and Legislation

by Christopher J. Walker — Tuesday, Aug. 6, 2019@chris_j_walker

The AALS Sections on Administrative Law and Legislation are pleased to announce their co-sponsored “New Voices in Administrative Law and Legislation” program for the 2020 AALS Annual Meeting in Washington, D.C. The New Voices program gives junior administrative law scholars and junior legislation scholars an opportunity to receive useful feedback on their work from more […]

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Bureaucratic Power, by Jennifer Nou

by Jennifer Nou — Tuesday, Aug. 6, 2019@Jennifer_Nou

The administrative state exercises power — too much power in the view of many. But what kind of power and in what forms? Rachel Potter’s new book, Bending the Rules, provides an occasion to reflect on these questions. The portrait she presents is that of strategic bureaucrats. These bureaucrats, civil servants and appointees alike, know […]