Notice & Comment

Author: Emily Bremer

Notice & Comment

Call for Applications for the ABA Administrative Law Fellowship for Prospective Legal Academics

The American Bar Association’s Section of Administrative Law and Regulatory Practice is pleased to sponsor the ABA Administrative Law Fellowship. The Fellowship, established in 2021, aims to diversify the cohort of legal academics in administrative law and regulatory practice by positioning lawyers currently in practice to be successful job candidates in the academic market. The […]

Notice & Comment

FTC Rulemaking and the Attorney General’s Committee on Administrative Procedure

In light of the FTC’s vote yesterday to adopt a rule banning non-compete agreements, readers might be interested to see what the Attorney General’s Committee on Administrative Procedure said about FTC rulemaking in its 1940 monograph. The Committee prepared 26 monographs examining the actual practices and procedures of administrative agencies, and this research informed a […]

Notice & Comment

We Have Been Looking in the Wrong Place for the Meaning of “Set Aside” Under the APA

A vigorous debate recently has emerged over whether the APA authorizes federal courts to vacate agency action on judicial review. Perhaps because this debate is an outgrowth of the longer-running dispute over “nationwide” or “universal” injunctions, it is operating on the premise that vacatur is a remedy, like an injunction or a declaratory judgment. I’m […]

Notice & Comment

Brand X is Right There in Chevron

The Supreme Court recently heard oral argument in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce, and so the administrative law world is (especially) abuzz about the possible imminent demise of Chevron deference. Wrapped up in the conversation is the future of a related case, Brand X, in which the Supreme […]

Notice & Comment

Call for Papers: Ninth Annual Administrative Law New Scholarship Roundtable [UPDATED]

The University of Notre Dame is pleased to host the 9th Annual Administrative Law New Scholarship Roundtable on June 25-26, 2024. For the past eight years, the Roundtable has offered administrative law scholars an excellent opportunity to get feedback on their work from distinguished scholars in a collaborative setting. Approximately twelve authors will be selected to […]

Notice & Comment

Call for Applications for the ABA Administrative Law Fellowship for Prospective Legal Academics

The American Bar Association’s Section of Administrative Law and Regulatory Practice (the Section) is pleased to invite applications for its ABA Administrative Law Fellowship.  The fellowship, established in 2021, aims to diversify the cohort of legal academics in administrative law and regulatory practice by positioning lawyers currently in practice to be successful job candidates in […]

Notice & Comment

Pre-APA Vacatur: One Data Point

In the recent and ongoing debate over administrative remedies, Professor John Harrison has argued that the drafters of the APA would not have been “familiar with a pre-enforcement remedy of vacatur distinct from injunctions and declaratory judgments.” I’m skeptical. Here I offer just one data point that has informed my skepticism. This tidbit comes from […]

Notice & Comment

Final Agency Action on Student Loan Forgiveness: Whether, When, and How Will (and Should) it Come?

In August, the Biden Administration announced its plan for student loan forgiveness outside of the recently expanded Public Service Loan Forgiveness program. In the debate over the this new program’s lawfulness, a common argument is that the program’s critics have been too hasty. They should wait, it is argued, for the Department of Education’s final […]

Notice & Comment

Call for Applications for the ABA Administrative Law Fellowship for Prospective Legal Academics

The American Bar Association’s Section of Administrative Law and Regulatory Practice (the Section) is pleased to invite applications for its ABA Administrative Law Fellowship.  The fellowship, established in 2021, aims to diversify the cohort of legal academics in administrative law and regulatory practice by positioning lawyers currently in practice to be successful job candidates in […]

Notice & Comment

ACUS and NAPA Virtual Forum, 3/29 1-3pm ET: Senate Confirmation of Executive Branch Appointees

The Administrative Conference of the United States and the National Academy of Public Administration are hosting a forum, Advice and Consent: Problems and Reform in the Senate Confirmation of Executive Branch Appointees, on March 29 (1-3pm ET).  Register to attend the virtual event here. Description: The federal government relies on political appointees and career civil servants to operate […]