Administrative Law SSRN Reading List, April 2019 Edition

by Chris Walker — Sunday, May 26, 2019@chris_j_walker

Here is the April 2019 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. Neoclassical Administrative Law by Jeffrey A. Pojanowski (Harvard Law Review forthcoming) [CJW Note: I read an earlier draft of this paper for our Third Annual Administrative Law […]

D.C. Circuit Review – Reviewed: Erie as Nondelegation?

by Aaron Nielson — Friday, May 24, 2019@Aaron_L_Nielson

The D.C. Circuit is a fascinating court. If you don’t believe me, you probably aren’t reading this post. If you are reading this post and you still don’t believe me, you will soon. That said, the D.C. Circuit is a quirky court. It’s docket is odd. There are some criminal appeals (as you’ll see from […]

Is the Death of the Blue Slip and Senate Hold Now Inevitable?

by Sam Wice — Friday, May 24, 2019@Wice_sam

Much of a senator’s influence comes from the power to say no. Part of this traditional influence are the blue-slip and hold processes. The blue-slip process has historically required each home-state senator to return a “blue slip” stating that the senator supports a judicial nominee before the Senate will consider a nominee. Likewise, a hold has historically […]

Making Soup from a Single Oyster? CREW v. DOJ and the Obligation to Publish Office of Legal Counsel Opinions (Part III)

by Bernard Bell — Tuesday, May 21, 2019

Summary: This three-post series discusses Citizens for Responsibility & Ethics in Wash. v. U.S. Dep’t of Justice, which affirmed dismissal of a suit to require publication of all Office of Legal Counsel (“OLC”) opinions.  This final post offers tentative thoughts on the applicability of FOIA’s affirmative disclosure requirements to OLC opinions. Some Thoughts on Whether […]

ABA AdLaw Section’s 15th Annual Administrative Law & Regulatory Practice Institute, May 31, 2019 at Ritz-Carlton Pentagon City

by Chris Walker — Friday, May 17, 2019@chris_j_walker

We are two weeks away from the ABA AdLaw Section’s 15th Annual Administrative Law & Regulatory Practice Institute. Our annual spring conference is a lighter, one-day conference, which focuses on 101 topics and current developments in administration law. The annual fall conference, by contrast, is our two-day extravaganza with dozens of panels on basic and […]

Making Soup from a Single Oyster? CREW v. DOJ and the Obligation to Publish Office of Legal Counsel Opinions (Part II)

by Bernard Bell — Thursday, May 16, 2019

Summary: This three-post series discusses Citizens for Responsibility & Ethics in Wash. v. U.S. Dep’t of Justice, a recent D.C. Circuit opinion affirming dismissal of a suit seeking to require publication of all Office of Legal Counsel (“OLC”) opinions.  This post critiques the decision. In Citizens for Responsibility & Ethics in Wash. v. U.S. Dep’t […]

Soft Law Often Should be Permitted to Bind Agency Staff, by Peter L. Strauss

by Guest Blogger — Tuesday, May 14, 2019

For an event honoring the scholarship of Professor Bill Funk, another contributor to this on-line symposium, I have written an essay, Domesticating Guidance, summarizing my thinking about the use and misuse of agency guidance documents. No one doubts that that the soft law of guidance documents, which do not require notice and comment under the […]