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. […]
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 […]