The Hidden Structural Antagonist in Stephen Williams’s The Reformer: How One Liberal Fought to Preempt the Russian Revolution

by Sam Halabi — Monday, Nov. 13, 2017

Many thanks to Peter and, of course, Judge Williams for a book rich with lessons for historians, scholars of the administrative state, and, for me, at least, international relations. In a world where autocracy remains common if more threatened, Judge Williams sets out to explore the prerequisites for autocracies to transition (peacefully, it would appear) […]

This entry was tagged .

Introducing The Reformer: How One Liberal Fought to Preempt the Russian Revolution, by Stephen F. Williams

by Peter Conti-Brown — Monday, Nov. 13, 2017

I’m very pleased to introduce a series of posts this week on the fascinating new book, The Reformer: How One Liberal Fought to Preempt the Russian Revolution, by Stephen F. Williams. Regular readers might wonder why a blog on regulation and administrative law would spend a week on a book about Vasily Maklakov, a somewhat […]

This entry was tagged .

D.C. Circuit Review – Reviewed: “The Nielson Presumption”

by Aaron Nielson — Friday, Nov. 10, 2017@Aaron_L_Nielson

Note: Another quiet week in the D.C. Circuit. This week’s post will be short — especially because I’m traveling. This week the D.C. Circuit formally announced an interesting policy: “Earlier this year, the Court agreed to provide live audio streaming of arguments upon request in an individual case if the panel assigned to the case […]

Confessions of an “Anti-Administrativist”: My Response to This Year’s Foreword

by Aaron Nielson — Friday, Nov. 10, 2017@Aaron_L_Nielson

Every year the Harvard Law Review publishes its Foreword — a prominent scholar’s take on the Supreme Court’s latest term and the law generally. This year’s author is Gillian Metzger, a giant of administrative law. And her article is quite provocative — 1930s Redux: The Administrative State Under Siege. Here is the first sentence: “Eighty […]

This entry was tagged .

AALS New Voices in Administrative Law Call for Proposals and Reviewers

by Chris Walker — Thursday, Nov. 9, 2017@chris_j_walker

From Professor Lou Virelli: The AALS Administrative Law Section is pleased to announce its “New Voices in Administrative Law” program for the 2018 AALS Annual Meeting in San Diego. The New Voices program is designed to give junior administrative law scholars an opportunity to discuss their work with their more senior colleagues in an informal […]

This entry was tagged .

Janet Yellen, Fed Chair Emerita, Governor Extraordinaire

by Peter Conti-Brown — Thursday, Nov. 9, 2017

With the news that President Trump decided to break decades of tradition in failing to reappoint Janet Yellen, the question now turns to Yellen’s post-Chair fate. Quirks in the governance of the Federal Reserve I’ll describe in a moment mean that her options aren’t just about retirement: although unusual, Yellen could stay at the Fed […]

This entry was tagged .

Removing the Distraction of Delay

by Jill Family — Thursday, Nov. 9, 2017

The Department of Justice is developing a new strategy to reduce a huge backlog in the immigration courts. A recent report of this plan contains this sentence: “DOJ officials criticized immigration lawyers, saying they ‘have purposely used tactics designed to delay’ immigration cases.” Raising claims of delay tactics is a recurring theme in certain efforts […]

This entry was tagged .

Notre Dame Law Review Symposium “Administrative Lawmaking in the 21st Century,” by Jeffrey Pojanowski

by Guest Blogger — Wednesday, Nov. 8, 2017

This Friday, November 10, 2017, the Notre Dame Law Review will be hosting its annual symposium. Entitled “Administrative Lawmaking in the 21st Century,” the proceedings will be published in Volume 93 of the Law Review, but are of immediate interest to Notice and Comment readers. The slate of presenters is a veritable “who’s who” of […]

This entry was tagged .

Administrative Law SSRN Reading List, October 2017 Edition

by Chris Walker — Tuesday, Nov. 7, 2017@chris_j_walker

Here is the October 2017 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. Misconceptions About Nudges by Cass R. Sunstein [CJW Note: As I noted last month, this 12-page essay by Sunstein already has nearly 2,000 downloads on SSRN. […]

Don’t Write Off the Congressional Review Act Yet, by Susan E. Dudley

by Guest Blogger — Monday, Nov. 6, 2017

Last Wednesday, President Trump signed his fifteenth congressional resolution disapproving a federal regulation. This was notable not only because, prior to this year, only one such resolution had ever been enacted, but also because it was the first time a president had disapproved a regulation issued during his own tenure. This, along with new opinions […]

This entry was tagged .