With the Washington Post breaking the news today that Elizabeth Warren has proposed a wealth tax, my super-smart tax colleague Ari Glogower has posted to SSRN a working draft of a new paper that explores the constitutionality of various approaches to a wealth tax. For those interested in the subject, it’s definitely worth a read. […]
13th Annual Homeland Security Law Institute Friday May 31, 2019 | Ritz-Carlton Pentagon City, Arlington, VA Please join us on Thursday, February 21, 2019, at the Pentagon City Ritz-Carlton for the 13th annual Homeland Security Law Institute. This year’s conference will feature important updates on recent legislative and regulatory changes impacting the Department of Homeland […]
The Federalist Society has produced a cool new documentary on the origins of Chevron deference, with commentary from Tom Merrill (Columbia Law School), C. Boyden Gray (Boyden Gray & Associates), David Doniger (NRDC), Kristin Hickman (University of Minnesota Law School), and me. Here’s the final product: Here are the details on the project: Justice Stevens’s majority opinion in Chevron […]
As I first noted on the blog four years ago, the Administrative Law Section of Jotwell—The Journal of Things We Like (Lots)—is a terrific resource for administrative law practitioners and scholars. Jotwell’s Administrative Law Section publishes monthly a short review of a current piece of administrative law scholarship, usually authored by one of our terrific contributing editors who are all […]
Here is the November 2018 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. This month has been quite busy, so I don’t have time for my customary annotations of each article. (FWIW, I commented on many of these […]
As I noted back in July, the Supreme Court appeared to have a decent vehicle to consider whether to overrule Auer (aka 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.” Yesterday the Court granted that […]
The Vacancies Act and the Attorney General: Constitutional and Statutory Issues Teleconference December 18, 2018 | 3:00 PM – 4 PM EST | Teleconference Is Matt Whitaker legally serving as the Acting Attorney General?In early November, at the request of President Trump, Attorney General Jeff Sessions resigned. Under the Department of Justice’s succession statute, Deputy […]
The University of Michigan Law School invites junior scholars to attend the 5th Annual Junior Scholars Conference, which will be held on April 26-27, 2019 in Ann Arbor, Michigan. The conference provides junior scholars with a platform to present and discuss their work with peers, and to receive detailed feedback from senior members of the […]
Here is the October 2018 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. ‘Faithful Execution’ and Article II by Andrew Kent, Ethan J. Leib & Jed Handelsman Shugerman (Harvard Law Review forthcoming) [CJW Note: This is a fascinating deep […]
As part of a terrific Iowa Law Review Administering Patent Law Symposium, I have spent some time thinking about the constitutional tensions in agency adjudication after the Supreme Court’s decisions last Term in Lucia and Oil States. I’ve just posted a draft of that essay to SSRN. One thing that somewhat surprised me in working through […]
As regular readers of the blog know, a number of us are very interested in the propriety of nationwide injunctions to enjoin federal agency actions. I’ve blogged a bit about Sam Bray’s APA argument and the new legislation that would limit nationwide injunctions. Nick Bagley has joined Bray in arguing that federal courts should not […]
The ABA Section of Administrative Law and Regulatory Practice just announced the release of the second edition of A Guide to the Federal Torts Claims Act, by Paul Figley. Here’s the description: This practical guide provides a simplified, easy to read concise overview of the Federal Tort Claims Act (FTCA) and its jurisprudence. It is useful […]
We just wrapped up the American Bar Association’s annual Administrative Law Conference, which was a terrific event and broke records with more than 700 adlaw geeks in attendance. I had the privilege of moderating the final panel of the conference, focused on the future of the federal civil service. We had a terrific panel and […]
October has been a busy month, with the annual ABA Administrative Law Conference starting tomorrow. So I’m just now posting the September 2018 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. This is a terrific selection of new […]
From the American Constitution Society website: About The American Constitution Society is pleased to announce the Twelfth Annual Richard D. Cudahy Writing Competition on Regulatory and Administrative Law. Judge Cudahy’s distinguished contributions to the fields of regulatory and administrative law combined a keen grasp of legal doctrine, deep insight into the institutional forces that determine […]