Today the U.S. Chamber of Commerce filed an amicus curiae brief in support of neither party in FCC v. Consumers’ Research, articulating a proportional approach to the nondelegation doctrine. Here’s the start of the argument: The Constitution vests the Legislature with discretion in making policy and vests the Executive with discretion in executing the law. […]
With 2024 coming to a close, I’m posting the November list now and will post the December list right after the new year. Here is the November 2024 Edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law eJournal, which is edited by Bill Funk. For more on why SSRN […]
From the job posting: The Consumer Protection Branch is seeking an attorney to defend the Food & Drug Administration, Consumer Product Safety Commission, Federal Trade Commission, and other federal agencies in civil litigation throughout the country. The attorney will defend against high-profile challenges to agency actions, policies, and programs related to food, drugs, medical devices, […]
It’s the last day of November, and I’m just barely getting this getting the October post up here. It’s been a busy semester, though much to be grateful for. Here is the October 2024 Edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law eJournal, which is edited by Bill […]
As I mentioned in my preliminary take on the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo, the Court overruled Chevron deference but seemed to preserve some sort of Skidmore “weight” or “respect” while carefully refusing to call it judicial “deference.” As I noted in that post, “[i]t will be fascinating to see how […]
From Timothy Lytton on behalf of the Administrative Law Section of the Association of American of Law Schools (AALS): The executive committee of the AALS section on Administrative Law and the award selection committee are pleased to announce that the winner of the 2025 Emerging Scholars Award for Outstanding Scholarly Publication is Brian D. Feinstein […]
This coming Friday, November 8th, the University of Michigan Journal of Law Reform has organized a terrific day-long symposium on the future of agency independence. I’ve attached the schedule with speaker lineup. The student editors have been hard at work planning this gathering, and I’m so excited for the series of conversations we will have […]
Here is a quick reminder about the New Voices in Administrative Law Program at this year’s AALS annual meeting. The deadline for submissions is Friday, November 1. We are also seeking additional senior commenters. Please let us know if you are interested! Call for Submissions: AALS New Voices in Administrative Law 2025 The Association of American Law […]
This is been such a busy semester, so I’m barely getting this posted before the end of October. But here is the September 2024 Edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law eJournal, which is edited by Bill Funk. For more on why SSRN and this eJournal are […]
Register today for the ABA Section of Administrative Law & Regulatory Practice’s annual Virtual Live Fall CLE Conference on Thursday, November 7, and Friday, November 8, 2024. Over the course of two days, you can participate in 8 panels and seek up to 12.5 hours of online live CLE credit. As a full conference attendees, […]
The University of Michigan Law School is pleased to invite scholars to submit their abstracts for the 11th Annual Junior Scholars Conference, which will take place in Ann Arbor, Michigan, on April 25-26, 2025. The deadline for abstract submissions is January 5, 2024. We are accepting abstract submissions from pre-tenure track faculty, as well as Ph.D. and […]
Here is the August 2024 Edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law eJournal, which is edited by Bill Funk. For more on why SSRN and this eJournal are such terrific resources for administrative law scholars and practitioners, check out my first post on the subject here. You can […]
The Association of American Law Schools (AALS) Section on Administrative Law is pleased to announce the “New Voices in Administrative Law” program for the 2025 AALS Annual Meeting, which will be held in January in San Francisco, CA. The New Voices program gives junior administrative law scholars an opportunity to receive useful feedback on their […]
With the Supreme Court considering SEC v. Jarkesy last Term, much of the administrative law field debated whether federal agencies should be able to adjudicate disputes in house, or whether some disputes must be tried by a jury in an Article III federal court. The Supreme Court ultimately held that the U.S. Constitution provides a […]
Kristin Hickman, Dick Pierce, and I just finished the 2024 summer update to our federal administrative law casebook. As part of that process, we spent a fair amount of time discussing and structuring how we are going to teach statutory interpretation in our administrative law courses–at least for now—after Loper Bright eliminated Chevron deference. We […]