Today’s Ad Law Reading Room entry is “Standard Textualism,” by James Macleod. Here is the abstract: For as long as legal scholars have been writing about the rules-versus-standards distinction, textualism has been presumed to produce typically rule-like law. This Article argues for the opposite view. Far from generating the “law of rules” that Scalia famously […]
Today’s Ad Law Reading Room entry is “The Administrative State’s Second Face,” by Emily Chertoff and Jessica Bulman-Pozen, which is forthcoming in the NYU Law Review. Here is the abstract: We often assume that there is one administrative state, with one body of administrative law that governs it. In fact, the administrative state has two […]
Today’s Ad Law Reading Room entry is “Immigration Status Federalism,” by David Chen, which is forthcoming in the Yale Journal on Regulation. Here is the abstract: Recent subfederal interventions into immigration policymaking have sparked an explosion of federalism scholarship, but nearly all such accounts focus on two domains: enforcement and state benefits. The literature continues […]
With apologies for the delay in between postings, we’re back! Today’s Ad Law Reading Room entry is “The Great Unsettling: Administrative Governance After Loper Bright,” by Cary Coglianese and Daniel Walters, which is forthcoming in the Administrative Law Review. Here is the abstract: “Chevron is overruled.” These three words surely captured more attention than any […]
Today’s Ad Law Reading Room entry is “The Beleaguered Sovereign: Judicial Restraints on Public Enforcement,” by Luke P. Norris and Helen Hershkoff, which is forthcoming in the Texas Law Review. Here is the abstract: Looking back at the federal courts over the last generation, commentators will likely focus on their role in undermining the functioning […]
Today’s Ad Law Reading Room entry is “Resurrecting the Trinity of Legislative Constitutionalism,” by Beau Baumann, which is forthcoming in the Yale Law Journal. Here is the abstract: For generations, scholars have called on Congress to counter the Department of Justice’s Office of Legal Counsel. They argue that a congressional OLC could safeguard Congress’s prerogatives […]
Today’s Ad Law Reading Room entry is “Emergency Powers for Good,” by Elena Chachko and Katerina Linos, which is forthcoming in the William & Mary Law Review. Here is the abstract: Emergency powers are widely, and justly, criticized as threats to the rule of law. In the United States, forty-three declared emergencies give the executive […]
Today’s Ad Law Reading Room entry is “Working with Statutes,” by Anya Bernstein and Cristina Rodríguez, which is forthcoming in the Texas Law Review. Here is the abstract: In its 2024 decision overruling the decades-old Chevron doctrine directing judges to accept an agency’s reasonable interpretation of ambiguous statutory language, the Supreme Court declares: “agencies have […]
Today, the Ad Law Reading Room generously delivers two entries. The first entry is “Does the Law Ever Run Out?,” by Charles F. Capps. The second is “Pragmatics and Textualism,” by Lawrence B. Solum. Here is Capps’ abstract: Although laypeople commonly believe that a judge’s job is to decide every case as the law requires, […]
Today’s Ad Law Reading Room entry is “Nondelegation, Original Meaning, and Early Federal Taxation: A Dialogue With My Critics,” by Nicholas R. Parrillo, which was recently published by the Drake Law Review and posted to SSRN. (Note that the SSRN version includes an online-only appendix containing further dialogue. Parrillo also blogged about aspects of the […]
Today’s Ad Law Reading Room entry is “Presidential Control and Administrative Capacity,” by Nicholas Bednar, which is forthcoming in the Stanford Law Review. Here is the abstract: Presidential control is the power to direct administrative capacity toward the president’s own policy objectives. Accordingly, presidential power vis-à-vis administrative policymaking has two necessary components: control and capacity. […]
I’m currently writing an article tentatively titled “Statutory Liquidation,” which is about courts use of post-enactment practice or understanding to settle statutory meaning.* I was particularly interested, then, when in Loper Bright the Court not only cited Skidmore with seeming approval, but repeatedly emphasized the “respect” traditionally afforded to longstanding, consistent agency interpretations, especially when […]
Today was a big administrative law day at the Supreme Court. And while Jarkesy was the more anticipated opinion, I found myself most interested by Ohio v. EPA, which stayed enforcement of an EPA rule designed to control ozone pollution that crosses state lines. The decision was 5-4, with Justice Gorsuch writing for the majority […]
Today’s Ad Law Reading Room entry is “Petition Power,” by Erika Lietzan, which is forthcoming in the American University Law Review. Here is the abstract: The law cannot be kept secret. We cannot comply with rules that we do not know. Nor can we question their legitimacy, which is both our right and our duty […]
Today’s Ad Law Reading Room entry is “The Past and Future of Universal Vacatur,” by Mila Sohoni, which was recently published by the Yale Law Journal and posted to SSRN. Here is the abstract: Universal vacatur, the judicial power to void a regulation, is a remedy rooted in the foundations of modern administrative law, not […]