Over at Randy May’s Free State Foundation, I’ve posted a short essay that reviews the four major administrative law cases from this last Term and notes their potential implications for the FCC. Here’s the introduction: The October Term 2018 was a busy one for administrative law at the Supreme Court, but not for the Federal Communications […]
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 […]
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 […]
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 […]
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 […]
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 […]
This has been such a busy month on the administrative law front, with the end of the Supreme Court’s Term producing a lot of material for future law review articles. In case you missed it, I posted on SCOTUSblog the opinion analysis for PDR Network v. Carlton & Harris Chiropractic (the Hobbs Act case) and on this blog […]
Each year, the ABA Section of Administrative Law and Regulatory Practice recognizes the best work of administrative law scholarship for the prior year. I write to request nominations for that award. Eligible books and articles are those that were published (copyrighted) during 2018. In general, publications worthy of the Section’s award should be: well written, […]
Today the Supreme Court decided Department of Commerce v. New York, which was the challenge to Commerce Secretary Ross’s decision to include a citizenship question on the 2020 census questionnaire. The Court, in a 5-4 decision, ultimately agrees with the district court that Secretary Ross’s reason for his decision was pretextual and thus a remand […]
Today the Supreme Court issued its long-awaited (at least for adlaw geeks) decision in Kisor v. Wilkie. The question presented in Kisor was whether to eliminate Auer deference (a.k.a. Seminole Rock deference) — the doctrine that commands courts to defer to a federal agency’s interpretation of its own regulation unless the agency’s interpretation is “plainly erroneous or inconsistent with the regulation.” […]
Over at SCOTUSblog last Friday, I did a quick opinion analysis of the Supreme Court’s decision in PDR Network v. Carlton & Harris Chiropractic. Here’s a snippet from that post: Yesterday the Supreme Court handed down its decision in PDR Network v. Carlton & Harris Chiropractic. The court unanimously agreed to vacate and remand the case to the U.S. Court […]
2019 Administrative Law Conference November 14-15 | Washington Convention Center | Washington, DC We are excited to announce that the 2019 Administrative Law Conference is now open for registration! This year’s conference features 20 panels providing in-depth analysis of current administrative law and practice, with insights gleaned from faculty who are leaders in government, academia […]
Yesterday my DC summer program class met with lawyers from the Reporters Committee for Freedom of the Press. In addition to learning more about the amazing work they do to promote the freedom of the press, I discovered two really helpful public resources on the state and federal freedom of information law that RCFP has developed. […]
Next Thursday, June 13th, the Historical Society of the District of Columbia Circuit presents the inaugural Judge Patricia M. Wald Program on Life and Law in the Courts of the D. C. Circuit: In the Case of Statutory Ambiguity, Who Decides? – Chevron Revisited. Here are the details: Date: Thursday, June 13, 2019 Time: 4:30 p.m. […]
Here is the April 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. Neoclassical Administrative Law by Jeffrey A. Pojanowski (Harvard Law Review forthcoming) [CJW Note: I read an earlier draft of this paper for our Third Annual Administrative Law […]