Many thanks to Peter Conti-Brown for his kind words about my book and his invitation to guest-blog here. I’ve been greatly enjoying Notice & Comment since its launch, and it’s an honor to be in the company of so many distinguished legal scholars. As a way of launching my discussion, let me offer a very […]
The Government is likely to prevail in King v. Burwell if its interpretation of the Affordable Care Act receives Chevron deference. This raises an important question: what influences when Supreme Court justices grant Chevron deference to agencies? Prof. Bill Eskridge and I examined this question in a paper that examined all Supreme Court cases from […]
This post was originally published on the legacy ABA Section of Administrative Law and Regulatory Practice Notice and Comment blog, which merged with the Yale Journal on Regulation Notice and Comment blog in 2015.
On Monday, the Supreme Court granted certiorari in Spokeo, Inc. v. Robins to resolve a basic question of Article III standing: Does a person has standing to sue to seek redress for the violation of a right, even if he did not suffer any other injury from the rights violation? This is the second time […]
You are cordially invinted to join the Section for the Spring Member Mix & Mingle Event at the 11th Annual Administrative Law & Regulatory Practice Institute on Thursday, April 30, 2015 from 5:30 – 6:30 p.m. at the Walter E. Washington Convention Center, 2nd Floor, Room 202AB in the buliding closest to Mt. Vernon Square […]
The Social Security Administration (“SSA”) seeks comment on its proposed rule to modify its regulations so that, in addition to submitting the required evidence, Social Security number (“SSN”) applicants may complete a “prescribed application,” instead of a paper Form SS-5, “Application for a Social Security Card”). The suggested changes are intended to make applying for […]
Meet Renée Landers, Professor at Suffolk University Law School and Vice Chair for the ABA Section of Administrative Law & Regulatory Practice. Below, Prof. Landers shares her diverse experiences with administrative law and insights for practitioners and students alike. 1. What led you to a career in law? How did you become interested in studying […]
[CJW Note: I mentioned this terrific study on Auer deference, which is forthcoming in the Ohio State Law Journal, during my teleforum on Mortgage Bankers and then again on the blog here. The author, Cynthia Barmore, kindly agreed to do a guest post on the study, which I’ve included below as part of the Administrative […]
The Section will host the 11th Annual Administrative Law Institute, April 30 – May 1, 2015 at the Walter E. Washington Convention Center in Washington, DC. The April 30, 2015 program will cover a number of exciting topics, including Immigration Training, the FDA Rulemaking on E-Cigarettes, and the U.S. Supreme Court’s recent decision in Perez […]
The Food and Drug Administration (“FDA”) and the Environmental Protection Agency (“EPA”) jointly seek comment on the substance and structure of their updated advice regarding the safety of eating fish. This draft update will include “both advice and supplemental questions and answers for those who want to understand the advice in greater detail.” In 2004, […]
For all the sound and fury from federalism scholars over the Supreme Court’s recent decision in FTC v. North Carolina Board of Dental Examiners, one might have thought that the Supreme Court had sounded the death knell for states’ ability to protect favored industries from market competition. But while North Carolina must now actively supervise […]
For all the sound and fury from federalism scholars over the Supreme Court’s recent decision in FTC v. North Carolina Board of Dental Examiners, one might have thought that the Supreme Court had sounded the death knell for states’ ability to protect favored industries from market competition. But while North Carolina must now actively supervise […]
The Section’s Supreme Court Teleconference Series continues March 5, 2015 from 3:30 – 4:30 p.m. EST with a discussion on King v. Burwell, a challenge to the Administration’s policy on the availability of subsidies through the federal health insurance exchange under the Affordable Care Act. On March 4, the Supreme Court will hear oral arguments for the […]
[CJW Note: My coauthor Jim Saywell, who is now clerking for Judge McKeague on the Sixth Circuit and will be clerking for Judge Sutton next year, previously published a terrific short essay on this case (available here). Now that the Court has decided the case against Jim’s position, I invited him to pen this short follow-up.] The Supreme Court last […]
The United States Patent and Trademark Office (“USPTO”) seeks input from the public to provide guidance regarding enhancing patent quality. The USPTO is making efforts to improve patent operations and procedures to provide the best work products, to enhancecustomer experience, and to improve existing quality metrics. Thus, the USPTO is introducing a comprehensive and enhanced […]