Notice & Comment

Author: Christopher J. Walker

Notice & Comment

Call for Papers: Federalist Society Article I Initiative Writing Contest on Nondelegation Doctrine

From for the Federalist Society website, here are the details on this year’s Article I Initiative Writing Contest: The Nondelegation Doctrine: Intelligible Principle or Unworkable Standard? The Federalist Society’s Article I Initiative is focused on the critical issue of why the modern Congress is not functioning as the most powerful branch as envisioned by the […]

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Iowa Law Review Symposium Issue: Administering Patent Law

The Iowa Law Review just published a terrific symposium at the intersection of administrative law and patent law, to which I contributed an essay entitled Constitutional Tensions in Agency Adjudication. Here’s a snippet from the symposium’s introduction, penned by the faculty symposium organizer Jason Rantanen (footnotes omitted): The United States Patent and Trademark Office (“USPTO”) […]

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Democratizing Administrative Law Symposium @ Law and Political Economy Blog

The Law and Political Economy Blog is hosting a really fascinating symposium entitled Democratizing Administrative Law. The symposium contributions are collected here. And here are links to the contributions published to date: Democratizing Administrative Governance: How the Civil Rights Movement Shaped Medicare’s Implementation, by David Barton Smith Reclaiming Notice and Comment, by Matthew Cortland & Karen Tani Critics […]

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Procedural Politicking and Auer Deference

Rachel Potter’s new book Bending the Rules: Procedural Politicking in the Bureaucracy is an absolute must-read for those interested in agency rulemaking and in administrative law and regulatory practice more generally. As the title suggests, the book explores empirically and theoretically how agency officials — both career civil servants and political appointees — leverage procedural […]

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Call for Submissions: AALS New Voices in Administrative Law and Legislation

The AALS Sections on Administrative Law and Legislation are pleased to announce their co-sponsored “New Voices in Administrative Law and Legislation” program for the 2020 AALS Annual Meeting in Washington, D.C. The New Voices program gives junior administrative law scholars and junior legislation scholars an opportunity to receive useful feedback on their work from more […]

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Herz on Nou on Bureaucratic Resistance

Earlier this week over at JOTWELL, Michael Herz reviewed Jennifer Nou’s latest work on bureaucratic resistance — Civil Servant Disobedience — which was just published in the Chicago-Kent Law Review as part of a terrific symposium Peter Strauss organized on administrative law in the Trump Administration. You can check out the full symposium issue here. Here’s […]

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New Chicago-Kent Law Review Symposium Issue: The Trump Administration and Administrative Law

Here are the details and links to this terrific symposium, from the Chicago-Kent Law Review website: Vol. 94, Issue 2 The Trump Administration and Administrative Law SYMPOSIUM EDITOR Peter L. Strauss Columbia Law School Table of Contents Live Symposium Articles Preface Peter L. Strauss, Columbia Law School 94 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 229 (2019) Prosecutors at the Periphery […]

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Nondelegation after Gundy

This Term, in Gundy v. United States, the Supreme Court once again considered whether a statutory grant of authority (here, under the Sex Sex Offender Registration and Notification Act) to a federal agency or executive branch official (here, the Attorney General) violates the nondelegation doctrine. As students of administrative law know, the Court has interpreted […]

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Administrative Law SSRN Reading List, June 2019 Edition

Here is the June 2019 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. Sludge Audits by Cass R. Sunstein The President’s Tax Returns by Andy Grewal Antidiscrimination Laws and the Administrative State: A Skeptic’s Look at Administrative Constitutionalism […]

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ABA AdLaw Section Summer Brownbag Series

These two ABA AdLaw Section brownbags look terrific and timely: Summer Brown-Bag Series Section of Administrative Law & Regulatory Practice Regulatory Policy Committee Please join us Wednesday July 24th, 12:00-1:30 PM ET for the Regulation of Social Media? teleconference. Today’s laws and regulations do not address some of the challenges of social media. The United […]