Agencies’ Responsibilities to Inform Congress: Two Perspectives, by Brian D. Feinstein

by Guest Blogger — Tuesday, July 11, 2017

That the executive branch must provide information to Congress is well-established. The Constitution obliges the President to “give to the Congress Information of the State of the Union.” Executive agencies are required by statute to submit over 4,000 reports to Congress annually. Congress’s committees hold hundreds of days of oversight hearings every year. But how […]

This entry was tagged .

Which Sovereign Merits Arbitrary & Capricious Deference in Clean Air Act Federalism Disputes?, by William Yeatman

by Guest Blogger — Tuesday, July 11, 2017

The Clean Air Act assigns certain fact-based judgments to the EPA, such as setting industry-wide New Source Performance Standards or Maximum Achievable Control Standards. And the Act assigns other such decisions to the states, subject to federal review, including case-by-case determinations of Best Available Control Technology and Best Available Retrofit Technology. This post seeks to […]

The research on malpractice and nursing homes

by Nicholas Bagley — Tuesday, July 11, 2017

This is the second post in a series on a proposed CMS rule that would eliminate an Obama-era ban on pre-dispute arbitration for nursing home residents. For the intro, see here. By penalizing injury-causing negligence, tort law is supposed to deter negligent conduct. That’s one of the reasons (but not the only one) that CMS […]

This entry was tagged .

Attention Texas AdLaw Nerds: Texas AG Constitutional Law Conference, July 19th

by Chris Walker — Monday, July 10, 2017@chris_j_walker

Next week I’ll be heading to Austin, Texas, to participate in the Texas Attorney General Office’s 2017 Constitutional Law Conference on July 19, 2017. I’m on the first panel entitled “The Past, Present and Future of Judicial Deference to Federal Agencies,” with Aditya Bamzai and Kristin Hickman and moderated by Texas Solicitor General Scott Keller. […]

This entry was tagged .

Immigration Administrative Processing: FOIA Response from Department of State, by Shoba Sivaprasad Wadhia

by Guest Blogger — Monday, July 10, 2017

In April 2014, the Center for Immigrants’ Rights Clinic (on behalf of Maggio & Kattar) filed a FOIA request seeking information about the Department of State’s Administrative Processing Program. This same year, we researched and prepared a “Frequently Asked Questions” document that is available here. Administrative processing, also known as Security Advisory Opinion (SAO), is […]

Scrubbing Away Transparency and Our Immigration Resources, by Geoffrey A. Hoffman

by Guest Blogger — Monday, July 10, 2017

The EOIR Benchbook, as well as other resources, such as Asylum Officer Basic Training lesson plans and now parts of the Department of State’s Foreign Affairs Manual, have been scrubbed from official federal websites.  It shows a disturbing trend toward lack of transparency and accountability.  It begs the question, does it mean the judges are no longer […]

Administrative Law SSRN Reading List, June 2017 Edition

by Chris Walker — Friday, July 7, 2017@chris_j_walker

I’m still recovering from an exhausting but awesome Second Annual Administrative Law New Scholarship Roundtable, which my colleague Peter Shane and I hosted at Ohio State last week. I completely concur in Peter’s assessment of the roundtable (which he posted on Facebook last week): There are days that really remind you what academic life is like at […]

What the Law Is vs. What the Executive Is Willing to Argue: Understanding the Stakes of the Emoluments Debate, by Jane Chong

by Guest Blogger — Wednesday, July 5, 2017

Editor’s Note: This post is a response to a recent post by Andy Grewal. Three lawsuits recently filed against President Donald Trump for allegedly unlawfully profiting from his financial empire do more than breathe new life into some obscure constitutional provisions. They serve as an important reminder that, under the Trump administration, the battle over […]

Nursing homes, mandatory arbitration, and administrative law

by Nicholas Bagley — Wednesday, July 5, 2017

Emboldened by a string of aggressive Supreme Court decisions, businesses are increasingly turning to arbitration to shield themselves from civil litigation. Odds are, for example, that you’ve signed away your right to sue your cell phone carrier and cable company. Not that you noticed. You just clicked “yes” when asked if you’d read pages of […]

This entry was tagged .