WASHINGTON (October 29, 2015) – The ABA Section of Administrative Law and Regulatory Practice (Adlaw Section) announced the official merger of the Section’s blog, Notice and Comment, with the Yale Journal on Regulation (JREG) blog (also called Notice and Comment) at its 2015 Fall Administrative Law Conference. The new blog will combine contributors from both […]
On Friday, October 30, 2015, in the Federal Register, the Merit Systems and Protection Board (MSPB) today issued an interim final rule, to amend its rules of practice and procedure. The interim final rule clarifies that parties have a right to discovery under the MSPB’s existing discovery procedures in compliance proceedings. The MSPB explained that […]
Even though Congress recently agreed to a two-year budget deal, it still has to pass an appropriations act by mid-December — budgets determine the maximum amount Congress can fund the government, while appropriations actually fund the government. With a new Speaker of the House and Republicans wanting to defund Planned Parenthood, Congress and the President […]
On July 29, 2015, the Department of Homeland Security (“DHS”) proposed a rule to amend its regulations under the Freedom of Information Act (“FOIA”). The DHS states that it would like “to update and streamline the language of several procedural provisions, and to incorporate changes brought about by the amendments to the FOIA under the […]
http://www.abajournal.com/news/article/7th_circuit_judge_richard_cudahy_dies_at_89 http://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=3050&context=journal_articles http://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=2802&context=journal_articles
Yale Law School Friday, Oct. 2, and Saturday, Oct. 3, 2015 Supported by the Oscar M. Ruebhausen Fund All events are in YLS Room 129 unless otherwise noted. Panels open to the public. To attend lunch on Friday and/or Saturday of the conference, RSVP by Friday, September 24, to barbara.consiglio@yale.edu Friday 12:30-1:30 – Lunch (YLS […]
First Lady Michelle Obama made healthy school lunches a signature part of her “Let’s Move” initiative to promote health and wellness and combat obesity among America’s youth. The First Lady and Administration championed the passage of the Healthy, Hunger Free Kids Act, which created several new Federal mandates for school lunch programs, including requiring schools […]
On March 27, 2015, the Food and Drug Administration (“FDA”) posted a notice of public hearing and request for comments about “the current use of human drug and biological products labeled as homeopathic, as well as the Agency’s regulatory framework for such products.” The FDA took this action because the previously limited homeopathic drug market […]
CJW Note: In both academic and practitioner adlaw circles, there’s been chatter for a while about the constitutionality of the SEC using administrative law judges (ALJs) in its enforcement actions. On Monday a federal judge found such practice to likely be unconstitutional. One of my coauthors, Kent Barnett (UGa Law), has written extensively on ALJs (he’s quoted in the […]
The Dodd-Frank Wall Street Reform and Consumer Protection Act is coming up on its fifth birthday next month. Seldom has a law’s meaning been so little determined five years out from passage—especially a law running hundreds of pages. Dodd-Frank seems to frustrate everyone: Wall Street finds it massively burdensome and parts of it profoundly wrong-headed; […]
CJW Note: Last week I posted some preliminary reactions to the Supreme Court’s immigration adjudication decision in Mellouli v. Lynch. Patrick Glen, senior litigation counsel with the Justice Department’s Office of Immigration Litigation, sent me the following response, which he graciously has allowed me to repost here. The standard disclaimer applies: The views and opinions expressed […]
I am afraid that my defense of the law’s importance as a constraint in the case of Lehman Brothers, as against Peter’s charge that the Fed’s choice in that matter should be understood solely as a matter of internal institutional discretion, will give readers the misimpression that To the Edge is filled with examples of […]
I’ll return to my previously scheduled programming (about Treasury’s audacious money market fund rescue) next time, and spend this post returning Peter’s fire on the question of the Fed’s role in Lehman’s demise and clarifying what exactly we disagree about. We do have somewhat divergent views about the Fed’s crisis powers, but at some points […]
Peter Conti-Brown says that the Fed’s official explanation for its failure to rescue Lehman Brothers, which blames the Fed’s legal limitations, is “pure spin,” and that “the Fed reached for legal cover when the Lehman bankruptcy turned out very differently than they had hoped. It was a political decision, not a legal one.” Under his […]
In this post, I will articulate my conception of legitimacy as distinct from legality, and explain what lawyers and policymakers have to gain by understanding the difference. I have to beg readers’ forgiveness for being rather philosophical and long-winded here, and I promise to move on to more exciting and concrete action in subsequent posts. […]