Two summers ago I shared some quick reactions to Sam Bray’s argument that the Administrative Procedure Act (APA) does not support nationwide injunctions to set aside an agency’s final rule. In that post, I expressed preliminary skepticism, based on the text and structure of the APA: “a final rule is an ‘agency action’ under the […]
I’m just barely getting my monthly post up before the end of the month, but I expect to get July’s post up earlier. There are some fantastic papers in this month’s list. Here is the June 2020 Edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law […]
Here is the January 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. Our Anti-Korematsu by Cass R. Sunstein A Critical Assessment of the Originalist Case Against Administrative Regulatory Power: New Evidence from the Federal Tax on Private […]
The Administrative Conference of the United States and the Georgetown Law Institute for Technology Law and Policy are pleased to announce the fourth and final panel in their virtual symposium on artificial intelligence in federal agencies. This session will take place on Thursday, August 13 from 1:00 pm – 2:15 pm ET. Stephen Sanford, Director […]
As Aaron Nielson has previously noted on the blog, the 2021 edition of the Duke Law Journal‘s annual administrative law symposium will focus on the future of Chevron deference, with the lead article by Kristin Hickman and Aaron Nielson entitled Narrowing Chevron‘s Domain. Hickman and Nielson argue that the Supreme Court should consider eliminating Chevron […]
Much more will be written, no doubt, on the Biden administration’s approach to centralized review of regulatory actions though the Office of Information and Regulatory Affairs (OIRA), including President Biden’s Modernizing Regulatory Review Executive Order. But Jim Tozzi has some fascinating initial takes, especially his #14 bottom line. I’ve cross-posted below his full post from […]
On March 1, 2021, the Supreme Court will hear argument in United States v. Arthrex, Inc. The issue before the Supreme Court is the application of the Appointments Clause to judges of the Patent Trial and Appeals Board (PTAB), a tribunal established by Congress in 2012 within the USPTO. In the decision below, the Court […]
In order to preserve and share the ABA Administrative Law Section’s programming with a larger audience, the Section has launched an official YouTube channel, which you can access here. Please consider subscribing and sharing this resource with your colleagues, students, and others who may find it of interest. We are in the process of uploading […]
Next Tuesday, July 28th, from 3-4:30PM, my law school is hosting a terrific Supreme Court Review webinar via Zoom (with CLE approval pending for Ohio Bar Members). This event is free and open to the public, with registration link here. Here are the details: Discussions from Drinko Hall is proud to present our next series: […]
Here is the December 2020 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. This is the final edition for 2020, which has been a challenging year no doubt for so many scholars of administrative law and regulatory practice. […]
Education Committee Presents “The Department of Education’s New Title IX Regulations: A Closer Look” Thursday July 23, 202012 pm – 1:00 pm Eastern Time Via Zoom In May, the Department of Education issued new Title IX regulations that will dramatically change how the nation’s colleges and universities respond to allegations of sexual misconduct. The controversial […]
The Administrative Conference of the United States and the Georgetown Law Institute for Technology Law and Policy are pleased to announce the third panel in their virtual symposium on artificial intelligence in federal agencies. This session will take place on Wednesday, July 29 from 2:00 pm – 3:15 pm ET. Chai Feldblum, a Morgan Lewis […]
This year the Administrative Procedure Act (APA) celebrates its seventy-fifth anniversary this year, and the George Mason Law Review has organized a terrific symposium on the subject. I’ve posted to SSRN a draft of my contribution to the symposium, entitled The Lost World of the Administrative Procedure Act: A Literature Review (yes, inspired by one […]
As I first noted on the blog six years ago, the Administrative Law Section of JOTWELL—The Journal of Things We Like (Lots)—is a terrific resource for administrative law practitioners and scholars. JOTWELL’s Administrative Law Section publishes monthly a short review of a current piece of administrative law scholarship, usually authored by one of our contributing editors who are all leading […]
Last week, SCOTUSblog hosted a terrific symposium on the Supreme Court’s decisions concerning subpoenas for the president’s financial records, Trump v. Mazars and Trump v. Vance. Here are links to the symposium contributions: Date Author Post Title 07.11.20 John Malcolm Symposium: On Trump tax returns, the latest battles may be over, but the war rages […]