I read with great interest Andy Grewal’s recent post on plans by House Democrats to compel the release to Congress of Donald Trump’s tax returns. As a Democratic Member of the House of Representatives and the leader of my caucus’s efforts to expose Trump’s financial records to sunlight, I felt it appropriate to respond to […]
President Trump sparked a frantic response from advocates and scholars this week when he announced that he could terminate birthright citizenship for children of undocumented parents with an executive order. The bulk of that response has focused on the question of what the Constitution means with respect to birthright citizenship. The other question raised by […]
When my conference was canceled, I rejoiced. A free day in Washington, D.C.! The last time I was in Washington, an unprecedented windstorm foiled my plans. This time, hurricane Florence was bearing down on the Carolinas, but it turned away from Washington. It was meant to be: a day at the National Archives and the […]
Readers of Notice & Comment are undoubtedly familiar with Lucia v. Securities and Exchange Commission, in which the Supreme Court held that Administrative Law Judges (ALJs) in the SEC were inferior officers, not employees. As a result, they had to be appointed in accordance with the Appointments Clause of the Constitution. In relevant part, that […]
Many commentators, including a former law clerk, have described Justice Gorsuch as a devoted grammarian. In his first Supreme Court opinion, for instance, Justice Gorsuch dismissed one party’s argument by writing that its interpretation “doesn’t follow even as a matter of good grammar, let alone ordinary meaning.” Henson v. Santander Consumer USA Inc., 137 S. […]
It should come as no surprise that conservatives like Peter J. Wallison, a friend and law school classmate, and now a senior fellow at the American Enterprise Institute, should want to rein in the administrative state. Nor is it remarkable that opponents of regulation, like Wallison, have focused their attention on overturning the Chevron doctrine, […]
Sam Halabi’s Intellectual Property and the New International Economic Order offers an original take on seemingly disparate efforts by developing countries to push back against overly strong intellectual property rules and the oligopoly power of intellectual property-intensive firms. He revisits the 1970s and 1980s debates over a New International Economic Order (NIEO) that reflected keen […]
In a world with ever-sprawling developments involving intellectual property rights, Sam Halabi’s new book, Intellectual Property and the New International Economic Order, could not have been published at a better time. This well-written, passionately argued, historically informed and highly interdisciplinary book covers issues ranging from pharmaceutical development to agricultural production and from biological diversity to […]
It’s great to be part of this blog symposium on Sam’s excellent monograph on IP and the New International Economic Order (NIEO). As the title of my post suggests, I’ll focus on taking the idea of IP ‘shelters’ further, looking at strategies for expanding them into broader, ideally globally recognised zones that protect the basic […]
My thanks to Chris Walker for organizing this symposium to facilitate this conversation about Sam Halabi’s new book, Intellectual Property and the New International Economic Order, which has been published by Cambridge University Press. I enjoyed reading this book, and I will be keeping a copy on my shelves. For scholars who are interested in […]
As I stated in my introductory post a few days ago, Sam Halabi’s new book on Intellectual Property and the New International Economic Order engages us in a hopeful conversation, and I am grateful to him for that. It is crucial that scholars of various disciplines continue engage on these issues of vast importance. As […]
My shelves are full of books with colorful stickers and scribbles in the margins. I’ve had heated discussions with the authors, which unfortunately (for all the wrong reasons) remain fictional and trapped in my head. I would like to thank Chris Walker and the Yale Journal on Regulation’s Notice and Comment team for creating the […]
I am administrative law scholar in the fustiest sense of the term. I write about judicial review of agency action, with a particular focus on questions of law. Yes. I am one of those bores who writes about Chevron. I do this while being well aware that so much (most?) of the important thinking in […]
I am pleased to announce a new online symposium, featuring comments about the issues that Professor Sam Halabi raises in his new book, Intellectual Property and the New International Economic Order: Oligopoly, Regulation, and Wealth Redistribution in the Global Knowledge Economy (Cambridge University Press 2018). This week’s symposium, along with Halabi’s book, strikes at the […]
In my last post, I presented the results of an empirical investigation into Seminole Rock deference as a judicial methodology. Below, I lend perspective to these results. Deference to Agency Interpretations of Non-Regulatory Texts Is an Understudied Area of Administrative Law Perhaps the most noteworthy finding of this analysis is that the Seminole Rock framework […]