Lots of great new administrative law scholarship on SSRN this summer! Here is the August 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. Rules, Commands and Principles in the Administrative State by Adrian Vermeule (Yale Law Journal […]
Earlier this week, I participated virtually on a panel on the nondelegation doctrine and Congress’s role in the modern administrative, as part of the Federalist Society’s Eighth Annual Executive Branch Review Conference. Here is the video: And here’s the description of the panel: In Federalist Paper No. 51, James Madison argued that a system of […]
In August, the governing council of the ABA Section of Administrative Law and Regulatory Practice voted to confirm the nomination slate of new officers and council members, and the leadership transition became effective yesterday. I am very excited to chair the Section this year and to welcome the new leadership. I’d like to thank the […]
Yesterday Paul Ray, the Administrator of the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget (OMB), issued guidance to all executive departments and agencies on implementing Executive Order 13,924 to improve and reform regulatory enforcement and adjudication. As I noted in February, OMB had issued a request for information […]
From the Federalist Society website: The Eighth Annual Executive Branch Review Conference is being transformed into a virtual Executive Branch Review Week of events. Executive Branch Review Webinar PanelsTuesday, April 28 9:00 a.m. – 10:00 a.m. EDTRestoring the Executive Power: Revisiting Humphrey’s Executor, Reviving the Unitary Executive 10:30 a.m. – 11:30 a.m. EDTRestoring Judicial Power: Righting […]
Here are the details: The Office of the General Counsel, U.S. Department of Transportation, is looking for a dynamic executive to serve as the Assistant General Counsel for Regulation to direct the oversight, assessment, and review of the regulatory agenda of one of the largest Federal regulatory agencies. The Assistant General Counsel for Regulation provides […]
In our contribution to the 2021 Duke Law Journal administrative law symposium on Chevron deference, Shoba Sivaprasad Wadhia and I make the case against Chevron deference in immigration adjudication, and we argue that the federal regulators should shift the default from adjudication to rulemaking to make major immigration policy at the agency level. Among other things, shifting […]
From the Library of Congress and American Bar Association: The Law Library of Congress and the American Bar Association will present the Law Day 2020 program, “Social Movement Changing America: The Legacies of the 19th Amendment” on Thursday, April 30 at 3:30 p.m. EDT. The event will be held online. Click here to register! Law […]
Earlier today we featured a fascinating post from John Harrison on the availability of nationwide injunctions under the Administrative Procedure Act. We have featured a number of blog posts on this debate about nationwide injunctions under the APA. To continue that debate, I thought I’d flag that Mila Sohoni submitted a law professor amicus brief […]
On Monday, August 31st, from 1-2:30PM, the ABA’s Judicial Division is hosting a webinar, cosponsored by the ABA’s Administrative Law Section, entitled Unfair Labor Practice Hearings Before the National Labor Relations Board: The Basics. CLE is available in most states, and you can register here. Here are some more details: New to presenting hearings before the […]
From the GSA Blog: GSA has launched a pilot to test a new application programming interface (API) to support better automated downloads from Regulations.gov, as well as enable a new API to support automated comment uploads. GSA manages Regulations.gov, a federal shared service that provides the public with one-stop access to regulatory and deregulatory actions […]
From the Notre Dame Journal of Law, Ethics and Public Policy and the Notre Dame Law School Program on Ethics, Compliance & Inclusion (call for papers here): Our national faith in the ethics of our leaders forms the very basis of our democracy. We elect leaders under the assumption that they will not only act […]
Here is the March 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. Delegation at the Founding by Julian Davis Mortenson & Nicholas Bagley (Columbia Law Review forthcoming) Presidential Review: The President’s Statutory Authority Over Independent Agencies by […]
Tomorrow, August 19th, from 1-2:30PM, the ABA’s Young Lawyers’ Division is hosting a webinar, cosponsored by the ABA’s Administrative Law Section, entitled What Lawyers Need to Know About Agency Guidance. The webinar is free for ABA members, and you can register here. Here are some more details: Learn how Agency Guidance is created by client […]
For a half dozen years or so, I’ve had the privilege of directing my law school’s Washington, DC, summer program. Each summer we place about twenty students (mostly rising 2Ls) in our DC summer program—usually in unpaid internships and most often at federal agencies, on the Hill, and at non-profits. As part of the summer […]