In a Federalist Society webinar on Monday, July 12, 2021, at 2PM eastern, my coauthor Shoba Sivaprasad Wadhia and I will be discussing our article The Case Against Chevron Deference in Immigration Adjudication, as well as the Biden Administration’s apparent move from adjudication and guidance to rulemaking for major immigration policy. Dick Pierce and Susan […]
Published by the IBM Center for The Business of Government, Susan Webb Yackee has authored a new report entitled Guidance on Regulatory Guidance: What the Government Needs to Know and Do to Engage the Public. This looks like a fascinating read. Here’s a summary of the report from the Center’s website: Federal agencies routinely issue […]
This month has been a busy one for me, with teaching classes again in Washington, D.C., numerous important activities happening within the ABA’s Administrative Law Section, and the Supreme Court handing down a number of important administrative law decisions. In case you missed them, earlier this week I blogged about the Court’s decisions in United […]
Today the Supreme Court issued its decision in Collins v. Yellen, the constitutional challenge to the single-head leadership structure of the Federal Housing Finance Authority (FHFA). This is a follow-on case to the Supreme Court’s decision last Term in Seila Law v. Consumer Financial Protection Bureau, in which the Court held that the CFPB’s leadership by […]
Here are the details: Topic: Latest Federal Sector Developments at the EEOC Office of Federal Operations Description: Please join us to learn about the latest developments at the EEOC Office of Federal Operations, including a review of significant cases decided in the last year. Confirmed Panelists:Elyssa Santos-Abrams, Senior Attorney Advisor, EEOC Office of Federal Operations, […]
Today the Supreme Court issued its decision in United States v. Arthrex, the case raising an Appointments Clause challenge to administrative patent judges (APJs) on the Patent Trial and Appeals Board (PTAB) at the U.S. Patent and Trademark Office (USPTO). In a 5-4 decision on the merits (and 7-2 on the remedy), the Court holds […]
Dædalus, The Journal of the American Academy of Arts and Sciences, just published a fascinating special issue that explores the future of the administrative state. Mark Tushnet organized the issue, and it includes contributions from Bernie Bell, Cary Coglianese, Susan Dudley, Sean Farhang, Jeremy Kessler, David Lewis, Michael Neblo, Aaron Nielson, Beth Simone Noveck, Neomi […]
The ABA Administrative Law Section’s Government Information & Right to Privacy Committee Presents FOIA Challenges in Immigration Wednesday, June 16, 2021, 12:00-1:30 pm ET Participants: Emily Creighton; Legal Director, Transparency; American Immigration Council Claudia Valenzuela; Managing Attorney; Immigration Legal Defense Bradley White; Senior Director of Privacy Policy and Oversight; Department of Homeland Security Abioye Mosheim […]
On this day 75 years ago, the Administrative Procedure Act (APA) was enacted. As Emily Bremer has flagged on the blog, the Administrative Conference of the United States has published a series of blog posts this week to celebrate the APA. And as I noted earlier this week, the George Mason Law Review is hosting […]
Yale Law School is pleased to host the sixth annual Administrative Law New Scholarship Roundtable on September 17-18, 2021. We plan to hold this event in person on the Yale campus, assuming that public health conditions allow Yale to begin permitting visitors to campus, which we are optimistic they will. The Roundtable is an opportunity […]
Back in 2014, I published my first full-length law review article as a member of The Ohio State University law faculty—The Ordinary Remand Rule and the Judicial Toolbox for Agency Dialogue—in the George Washington Law Review. In that article, I looked at some four-hundred published circuit-court opinions that dealt with administrative law’s remand rule in […]
This will be my first in-person conference since February 2020, and I’m excited to celebrate the Administrative Procedure Act at 75 and discuss my contribution to the George Mason Law Review symposium issue, The Lost World of the Administrative Procedure Act: A Literature Review. It’s not too late to register to join us at the […]
I am so thrilled to hear that Andrew Hammond‘s article Litigating Welfare Rights: Medicaid, SNAP, and the Legacy of the New Property was selected for the prestigious Cudahy Award this year. Congrats to Andrew (as well as the Northwestern University Law Review editors for publishing the article)! Congrats also to Joseph Daval on winning in […]
Here is the April 2021 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. A really fascinating set of papers, which I look forward to reading more closely once I submit grades! Here’s the list: Structural Biases in Structural […]
On Wednesday, May 26, 2021, at noon eastern, the ABA Adminstrative Law Section will be hosting a free webinar entitled Congressional Investigations: Fundamentals and Recent Developments. Registration is available here. In this webinar, you will hear the perspectives of current and former investigators about how congressional investigations work, their importance to Congress, the authorities that […]