It’s no surprise that in today’s post Administrative Law SSRN Reading List, February 2020 Edition, Julian Mortenson and Nick Bagley’s forthcoming Columbia Law Review article Delegation at the Founding topped the charts, with more than 1,300 downloads. This is an important article that has the potential to reshape the debate on the nondelgation doctrine. One […]
This is a really exciting set of papers for the annual adlaw new scholarship roundtable! From the Yale Law School website: Roundtable Converted to Online Format for 2020, Will Resume In-Person in 2021 The Administrative Law New Scholarship Roundtable is an annual event each June, hosted by a rotating series of law schools, at which […]
Here is the February 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. Lots of great scholarship for us to read during these social-distancing days! Delegation at the Founding by Julian Davis Mortenson & Nicholas Bagley (Columbia Law […]
The Administrative Conference of the United States, George Mason University’s C. Boyden Gray Center for the Study of the Administrative State, and the Center for Progressive Reform are pleased to announce a four-part, virtual Symposium on Federal Agency Adjudication this August. On Thursday, August 6 from 2:00 pm – 3:30 pm ET, Professor William Funk […]
Especially during this time of social distancing and online teaching and learning, I thought I’d flag a few resources for learning administrative law online. In this post, I highlight the terrific resources the Federalist Society has produced in recent years. In the coming days and weeks, I will publish additional posts on other online resources, […]
In response to the General Services Administration’s request for comment on its initiative to modernize regulations.gov, the American Bar Association’s Section of Administrative Law and Regulatory Practice filed the following comment on March 20, 2020: On behalf of the Section of Administrative Law and Regulatory Practice of the American Bar Association (the Section), I write […]
This comes as no surprise, but here is the official notice from the ABA AdLaw Section Chair Linda Jellum regarding our 2020 Spring Conference, which had been scheduled for early May: Dear Administrative Law Section Members, Panel Presenters and Attendees of the Administrative Law & Regulatory Practice Institute, Thank you for your continued participation in […]
Over the last two weeks, the Regulatory Review has hosted a series on Jonathan Adler and my forthcoming Iowa Law Review article Delegation and Time. The series homepage is here, and here are the summaries and links to each contribution: Reviving Congress’s Ambition March 02, 2020 | Jonathan H. Adler, Case Western Reserve University School of […]
In a new article forthcoming in the Georgetown Law Journal, Aaron Nielson and I explore the answer(s) to this question. Here’s the abstract: Qualified immunity is increasingly controversial. But the debate about it is also surprisingly incomplete. Both qualified immunity’s critics and defenders have for too long overlooked the doctrine’s federalism dimensions. Yet federalism is […]
Last week more than twenty Republican Senators sent a letter to President Trump, encouraging the Administration to extend centralized review done by the Office of Information and Regulatory Affairs (OIRA) to significant regulatory actions by independent agencies. Here’s the text of the letter (footnotes omitted): We write to thank you for your leadership in reducing […]
Last month I participated in a terrific symposium organized by the Hastings Law Journal on administrative law in the Trump Administration. I just posted to SSRN a draft of my written contribution to the symposium issue, entitled Operationalizing Internal Administrative Law, which is based on my remarks at the symposium and coauthored with Rebecca Turnbull. […]
Save the Date! 2020 Spring Conference | May 8, 2020 | Ritz-Carlton Pentagon City | Arlington, VA Join us on Friday May 8 for a specially designed one-day program with distinguished faculty covering the ‘101 Essentials’ of Rulemaking, and ‘102’ sessions covering Adjudications, and Agency Guidance. Topics will include: Rulemaking 101: The Rulemaking Process, Rulemaking […]
This Friday, February 21st, the Hastings Law Journal will be hosting an administrative law symposium, and a number of our regular bloggers will be participating. You can register for the conference here. Here are the details from the Journal: Join Hastings Law Journal for our annual symposium at UC Hastings College of the Law. This year, we […]
Last Term I covered PDR Network, LLC v. Carlton & Harris Chiropractic Inc. for SCOTUSblog. The question presented in PDR Network was whether the Hobbs Act strips district courts of jurisdiction to reconsider the validity of an agency’s legal interpretation of certain statutes. As I explained in my opinion analysis post, the Court ultimately dodged […]
2020 ABA AdLaw Section Awards “Award Season” is just getting started! Nominate a colleague, or submit your work for one of the ABA AdLaw Section’s annual awards. Click the link on each award for details, submission requirements, and more: Mary C. Lawton Award for Outstanding Government Service – Due June 1, 2020Created in […]