*This is the seventh post in a symposium on William Araiza’s Rebuilding Expertise: Creating Effective and Trustworthy Regulation in an Age of Doubt. All posts from this symposium can be found here. Bill Araiza’s stellar new book Rebuilding Expertise offers a thoughtful program for reform of contemporary administrative law. With his trademark clear prose and fair-minded analysis, Araiza offers […]
*This is the sixth post in a symposium on William Araiza’s Rebuilding Expertise: Creating Effective and Trustworthy Regulation in an Age of Doubt. All posts from this symposium can be found here. The relationship between expertise and theories of administrative governance has had its ups and downs. The two were strangers for the first century or […]
*This is the fifth post in a symposium on William Araiza’s Rebuilding Expertise: Creating Effective and Trustworthy Regulation in an Age of Doubt. All posts from this symposium can be found here. I am grateful for the opportunity to share some thoughts on Bill Araiza’s wonderful new book, Rebuilding Expertise. The book makes many interesting and valuable […]
A federal court of appeals found that several features of the internal administrative court system at the Securities and Exchange Commission violated the Constitution. The Solicitor General’s Office (SG), which represents the SEC in the Supreme Court, recently asked the Court to review the court of appeals decision but, on one of the questions presented for […]
In 2000, the FDA approved the use of mifepristone to induce abortion. More than twenty years later, in 2022, the Alliance for Hippocratic Medicine challenged the FDA rule in a pending case in the Northern District of Texas. The plaintiffs request a preliminary injunction, and U.S. District Judge Matthew J. Kacsmaryk might enjoin the FDA’s approval and block […]
*This is the fourth post in a symposium on William Araiza’s Rebuilding Expertise: Creating Effective and Trustworthy Regulation in an Age of Doubt. All posts from this symposium can be found here. In Rebuilding Expertise, Professor Araiza has created a comprehensive analysis of the problems faced by federal regulatory agencies and has provided recommendations to improve […]
*This is the third post in a symposium on William Araiza’s Rebuilding Expertise: Creating Effective and Trustworthy Regulation in an Age of Doubt. All posts from this symposium can be found here. Professor Araiza’s Rebuilding Expertise provides a terrifically informative, wise, and balanced tour of the evolution of agency rulemaking as well as the legislative, executive, and judicial structures that […]
*This is the second post in a symposium on William Araiza’s Rebuilding Expertise: Creating Effective and Trustworthy Regulation in an Age of Doubt. All posts from this symposium can be found here. The role of politics and expertise is one of the defining tensions in administrative law. My students learn that there are HBO people who believe that rulemaking […]
These remarks were delivered at the BYU Law conference on “The Past, Present, and Future of FTC Rulemaking” (Feb. 24, 2023). I’m not an antitrust scholar, rather, I’m a scholar of administrative law. And from that point of view, the Federal Trade Commission’s authority to issue rules concerning unfair methods competition is clear. I want […]
*This is the first post in a symposium on William Araiza’s Rebuilding Expertise: Creating Effective and Trustworthy Regulation in an Age of Doubt. All posts from this symposium can be found here. The American public has lost faith in expertise. The reason why, as author and national security expert Tom Nichols points out in his 2017 […]
*This is the introductory post in a symposium on William Araiza’s Rebuilding Expertise: Creating Effective and Trustworthy Regulation in an Age of Doubt. All posts from this symposium can be found here. I’m honored that the N&C blog has agreed to host an online symposium on my book, Rebuilding Expertise: Creating Effective and Trustworthy Regulation in an Age of […]
Introduction This year, the United States Supreme Court heard its first major case on the corporate attorney-client privilege in decades. The issue before the Court was the appropriate test for whether a communication’s purpose was business or legal. The latter is privileged, the former is not. In In re Grand Jury, an unnamed law firm challenged a grand jury […]
*This is the final post in a symposium on Orly Lobel’s The Equality Machine: Harnessing Digital Technology for a Brighter, More Inclusive Future, selected by The Economist as a best book of 2022. All posts from this symposium can be found here. Further reviews can be found at Science, The Economist, and Kirkus. Lobel will be in NYC (NYU March 23 at […]
In a recent post on this blog, Jonathan Adler has written an imaginative contribution to the currently lively controversy over the propriety of nationwide injunctions. Other prominent scholars have expressed interest in his argument for curtailing these injunctions. In this post, I will briefly explain why I agree with Adler’s policy position up to a […]
[Originally Published: November 7, 2022; Last Updated: March 18, 2023] Below, I have prepared Volume III of the major questions doctrine (“MQD”) reading list. The literature has continued to grow and develop at an almost exponential rate. We’re starting to flesh out the Pro-MQD literature, and some anti-MQD folks are reckoning with whether we ought […]