Today the Supreme Court granted cert to review the Federal Circuit’s decision in Arthrex Inc. v. Smith & Nephew Inc. The Court limited review to two of the questions presented: Whether, for purposes of the Appointments Clause, U.S. Const. Art. II, § 2, Cl. 2, administrative patent judges of the U.S. Patent and Trademark Office […]
Here is the September 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 a really terrific set of new papers, and I wish I had time this month include commentary on each one! Rules, Commands and […]
The Administrative Law Review, which is the official law review of the ABA’s Section of Administrative Law and Regulatory Practice, has published its Summer 2020 Issue. And it’s full of terrific, timely articles. I’ve pasted the links below. The Administrative Law Review has also produced its second A Hard Look podcast episode of this academic […]
My April SSRN post is barely making it online before the end of May, as the last couple months have been both a blur and a trudge. (Among other things, I’ve discovered I am a very poor elementary school teacher as we’ve struggled with distance-learning/teaching our kids at home.) But there is a lot of […]
Regulatory Policy Committee Presents COVID-19 and Comparative Administrative Law: Assessing National Responses to the Pandemic Friday October 2, 2020 12 pm – 1:30 pm Eastern Time Via Zoom Panelists: Richard Parker, Professor of Law, Policy Director, Center for Energy and Environmental Law, University of Connecticut Cristie L. Ford, Professor of Law, Associate Dean for Research […]
This is a terrific lineup, and the event is free, virtual, and open to the public. Register here.
Government Personnel Committee Presents Latest Developments at the Merit Systems Protection Board Wednesday September 30, 2020 12 pm – 1:30 pm Eastern Time Via Zoom Please join us for a discussion about the latest developments at the Merit Systems Protection Board, including changes in statutes and regulations and a review of significant cases decided in […]
Here at the blog I’ve been tracking the fascinating academic debate about the originalist case for the nondelegation doctrine, including the Mortenson-Bagley-Wurman exchange. Christine Kexel Chabot has also blogged about her new article The Lost History of Delegation at the Founding. I wanted to flag another contribution to this debate, this one by Nick Parrillo […]
The Program on Data and Governance at The Ohio State University Moritz College of Law (my home institution) has a fascinating and timely webinar scheduled for next Thursday, 5/21, at noon, and on the privacy implications of using smartphones as tools to fight a pandemic. You can register for free here. And here are the […]
I’m very excited to see SCOTUSblog teaming up with my amazing colleagues here at The Ohio State University that run the Election Law at Ohio State Program to launch a 2020 Election Litigation Tracker. Each election cycle Election Law at Ohio State has always been the place to go to get top-rate analysis, and I’m […]
The American Bar Association Section of Administrative Law and Regulatory Practice is seeking to hire a program specialist—a second administrator to help Section Director Anne Kiefer administer the programming of the Section. We are a great group of administrative lawyers and scholars, and Anne is terrific to work with. For more on the Section and […]
Over at the Journal of Things We Like (Lots) (Jowell), I have a short review of an important new report that the Administrative Conference of the United States (ACUS) has issued on artificial intelligence and machine learning in the federal administrative state. This report, entitled Government by Algorithm: Artificial Intelligence in Federal Administrative Agencies, was coauthored […]
This webinar on Monday morning with EPA Administrator Wheeler looks fascinating. From the Federalist Society Regulatory Transparency Project website: In May, the Environmental Protection Agency announced a new proposed rule to “establish the procedures and requirements for how the U.S. Environmental Protection Agency (EPA) will manage the issuance of guidance documents subject to the requirements of the […]
My colleague Mohamed Helal, who is currently serving as a legal counsel with the Egyptian Ministry of Foreign Affairs, has written a three-part, first-hand account over at Opinio Juris about the history and current negotiations on the Grand Ethiopian Renaissance Dam. It’s a fascinating read. Here’s the summary, from the first post: For almost a […]
Through its Standing Committee on Election Law, the American Bar Association is partnering with the National Association of Secretaries of State (NASS) and the National Association of State Election Directors (NASED) to rally lawyers and law students to serve as poll workers in the upcoming 2020 election. More details are available here. The Poll Worker, Esq. […]