Tag Archives: Symposium

Who cares about law? Why the arguments in the amicus curiae’s brief may win the day, by Linda Jellum

by Guest Blogger — Tuesday, Apr. 3, 2018

The Supreme Court is poised to hear arguments in Raymond J. Lucia v. SEC on Monday, April 23, 2018. The sole issue for which cert was granted is whether administrative law judges (ALJs) of the Securities and Exchange Commission (SEC) are officers of the United States within the meaning of the Federal Constitution’s appointments clause. […]

Ode to the Assistant Doorkeeper of the House of Representatives, by James Heilpern

by Guest Blogger — Monday, Apr. 2, 2018

In February, I submitted an amicus brief to the Supreme Court in the case Lucia v. SEC, arguing that the original public meaning of the term “Officer(s) of the United States” referred to any government employee exercising non-negligible federal power. While I submitted the brief on behalf of a fifteen corpus linguistics scholars, in a […]

The Consequences of Missing Appointments, by Kent Barnett

by Guest Blogger — Monday, Apr. 2, 2018

If the Supreme Court decides in Lucia v. SEC that the SEC’s administrative law judges are officers, what are the implications on other cases at the SEC (or similarly situated agencies)? The effect will likely differ depending on whether other cases have become final or are still pending before the agency or a court. Here, […]

Appointments Clause Symposium on Lucia v. SEC: Are SEC ALJs “Officers of the United States”?

by Jennifer Mascott — Monday, Apr. 2, 2018@jennmascott

Starting today, for the next two weeks the Notice & Comment blog will run a symposium addressing the Supreme Court’s upcoming consideration of the constitutionality of hiring procedures for administrative law judges in the Securities and Exchange Commission. On Monday, April 23, the Supreme Court will hear oral argument in Lucia v. SEC, which raises […]

Upcoming Symposium, 4/2-4/13: The Supreme Court’s Consideration of Whether SEC ALJs are “Officers” Subject to Appointments Clause Requirements (Lucia v. SEC)

by Jennifer Mascott — Monday, Mar. 26, 2018@jennmascott

Regular readers of this blog may have been following along with us here at “Notice and Comment” as we have reported on the twists and turns of litigation challenging the constitutionality of hiring procedures for administrative law judges in the Securities and Exchange Commission. On April 23, the litigation’s fascinating path will culminate in Supreme […]

Pretend Privatization

by Aaron Nielson — Monday, Mar. 5, 2018@Aaron_L_Nielson

Jon Michaels has written an important book — and I say that even though I suspect that he and I disagree about many things! Although the administrative state has value, it also “has its share of problems.” For instance, the federal government sometimes overreaches in “ominous” and even “crushing” ways. Like the Chief Justice, I’m […]

Introduction to Book Symposium: Jon D. Michaels’ Constitutional Coup, by Jeff Pojanowski

by Guest Blogger — Monday, Mar. 5, 2018

This week, the Notice and Comment blog is hosting a web symposium on Jon Michaels’s book, Constitutional Coup: Privatization’s Threat to the American Republic. In the years leading up to this book, Michaels, who is a Professor of Law at UCLA Law School, has written extensively and thoughtfully on administrative law, constitutional structure, and the […]

Symposium Recap on Peter Conti-Brown’s The Power and Independence of the Federal Reserve

by Christopher J. Walker — Thursday, Apr. 21, 2016@chris_j_walker

Earlier this month we hosted a terrific online symposium reviewing my co-blogger Peter Conti-Brown’s important new book The Power and Independence of the Federal Reserve, which was recently published by the Princeton University Press. The contributions to the symposium were diverse and thought-provoking. For ease of reference, I thought I’d include links to all of […]

Agency Power in Immigration, by Bijal Shah

by Guest Blogger — Friday, Feb. 12, 2016

In many ways, the burgeoning study of the bounds of the President’s power lies at the intersection of administrative and immigration law. A related area in which I have a special interest is the exercise of power by officials below the level of the president. In my view, the rich literature on agencies’ activity is […]

Immigration Law Is Torn Between Administrative Law and Criminal Law, by Michael Kagan

by Guest Blogger — Friday, Feb. 12, 2016

The primary reason for the decline of immigration exceptionalism is that plenary power has become “subject to important constitutional limitations,” as the Supreme Court said in Zadvydas v. Davis. We do not yet have a complete picture of what all of those constitutional limitations are. We also know that plenary power has not entirely disappeared, […]