Involuntary Rulemaking?

by Andy Grewal — Tuesday, Jan. 30, 2018

As the various entries in this Symposium show, agencies enjoy considerable flexibility in determining whether, when, and how to publicly communicate their enforcement priorities and legal interpretations. But sometimes, through statutes like the Freedom of Information Act, an agency may be forced to reveal things that it would otherwise keep out of the public’s eye. For […]

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Administrative Braggadocio, by Michael Herz

by Guest Blogger — Tuesday, Jan. 30, 2018

For a democracy to function even a little bit like it should, the public needs to know what the government is up to. A robust press is one mechanism. FOIA is another. But the most obvious is for the government just to tell the public about its projects and plans. Unfortunately, while the government has […]

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UCLA Law Review Symposium This Friday, 2/2: The Safeguards of Our Constitutional Republic

by Chris Walker — Tuesday, Jan. 30, 2018@chris_j_walker

On Friday, the UCLA Law Review will be hosting a terrific symposium entitled The Safeguards of Our Constitutional Republic. So if you happen to be in Southern California, definitely join us! Here’s the description of the symposium from the law review’s website: We find ourselves today at a political, legal, and cultural crossroad. This past year […]

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Visual Regulation—and Visual Deregulation, by Elizabeth Porter & Kathryn Watts

by Guest Blogger — Monday, Jan. 29, 2018

Historically, rulemaking has been defined by dense text and linear analysis. Yet, during the Obama administration, a colorful new visual rulemaking universe emerged—one that splashed rulemaking-related images, GIFs, and videos across social media channels. Agencies, interested stakeholders, and President Obama himself used sophisticated visual tools to develop and engender support for—or opposition to—high-stakes federal rulemakings. […]

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Join an ABA AdLaw Section Committee

by Chris Walker — Thursday, Jan. 25, 2018@chris_j_walker

I’ve previously given my pitch (here) for why every administrative law practitioner, scholar, and student should join the ABA’s Section of Administrative Law and Regulatory Practice. I’m now seconding Linda Jellum’s recent invitation (reproduced below) for administrative law folks to join an ABA AdLaw Section committee. I co-chair the adjudication committee with ACUS Vice Chair […]

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Why Some of President Trump’s Efforts to Mitigate the Shutdown Were Likely Illegal

by Sam Wice — Tuesday, Jan. 23, 2018

With the government reopening soon, I thought now would be a good time to examine some of President Trump’s actions regarding the shutdown.  To mitigate the immediate impact of the shutdown, the Trump administration did not shut down agencies that still had unused funds.  However, this decision likely violated appropriations law. The Constitution specifies that “[n]o […]

What Actually Happened in Chevron, by Richard J. Pierce, Jr.

by Guest Blogger — Tuesday, Jan. 23, 2018

Over the last few years, the debate over the Supreme Court’s 1984 opinion in NRDC v. Chevron has morphed from a debate among academics to a near hysterical debate among politicians and pundits who have never read the Court’s opinion and know nothing about the dispute that led to the Court’s opinion. In an effort […]