At the end of May, I filed an amicus curiae brief on behalf of the U.S. Chamber of Commerce in response to the en banc Federal Circuit’s request for supplemental briefing on how Loper Bright affects statutory interpretation and delegation in a pending case, United States v. Lesko. The Chamber took no position on the […]

On Friday, the Supreme Court issued a 6-3 decision in Trump v. CASA, holding that universal (or nationwide) injunctions likely exceed the equitable authority that Congress vested in courts in the Judiciary Act of 1789. Accordingly, the Court granted partial stays of the district courts’ preliminary injunctions. In the orders under review, the district courts […]

On Friday, the Supreme Court issued a 6-3 decision in FCC v. Consumers’ Research, rejecting a nondelegation doctrine challenge to the constitutionality of the FCC’s Universal Service Fund. Writing for the Court, Justice Kagan nicely summarizes the issues and the Court’s conclusion: The question in this case is whether the universal-service scheme—more particularly, its contribution […]

We have begun the development of panels for the 2025 ABA Administrative Law Conference, which will be held virtually again on November 20-21, 2025. This is a great way to share your research and expertise with around 1,000 regulatory lawyers and scholars. We expect to have twenty panels on various topics. In particular, we would like […]

There have been quite a few really terrific new administrative law papers posted to SSRN over the last few months, adding to my summer reading list. My SSRN reading list posts capture some of them, but my colleague Dan Deacon also features some in more depth each month as part of his Ad Law Reading […]

Here is the April 2025 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 […]

Here is the March 2025 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 […]

On Thursday May 8, 2025, in Washington, DC, the ABA Section of Administrative Law and Regulatory Practice is hosting a terrific scholarship conference that will feature paper presentations and commentary by distinguished scholars, as well as a late afternoon reception welcoming the Section’s Fellows, Leaders, and Award Winners. The conference brochure is here, and the […]

How Is Trump 2.0 Reshaping the Administrative State? A webinar sponsored by the Penn Program on Regulation Weds., March 263:00-4:30 p.m. EDTVia Zoom Since assuming office in January, the Trump Administration has taken unprecedented actions involving federal agencies. He has asserted presidential power over the functioning of independent agencies, taken steps to dismantle certain agencies […]

Here is the February 2025 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 Duke Law Journal invites papers for its 56th Annual Administrative Law Symposium, to be held in spring 2026 at Duke University School of Law in Durham, North Carolina. Papers can be submitted through Duke Law Journal’s Scholastica portal and will be considered on a rolling basis. We are considering all pieces in the field […]

I’m so excited that the University of Michigan Law School will be hosting the Federalist Society’s 44th annual student symposium here in Ann Arbor on March 7-8, 2025. The symposium theme is Congress: Reviving the Impetuous Vortex, and the program is going to be terrific. You are welcome to join us on in person or […]

The ABA Section of Administrative Law & Regulatory Practice is pleased to announce its 2025 Spring Conference will again include a day of in-person academic paper workshops at the Royal Sonesta Capitol Hill in Washington, DC, on Thursday, May 8th, 2025. The workshops will provide the selected participants with an opportunity to receive useful feedback […]

Here is the January 2025 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 […]

Here is the December 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 […]