From the Claremont McKenna College website [CJW Note: As I detailed last week, the first annual conference included a fascinating replication of the seminal Eskridge/Baer study of Chevron deference at the Supreme Court.]: Claremont McKenna College’s Program on Empirical Legal Studies (PELS) is pleased to announce the second annual Empirical Legal Studies Replication Conference to be […]
Over at the Center for Regulatory Reform, Jim Tozzi (who was in charge of OIRA in the early 1980s) has the following thoughts on the fiftieth anniversary of centralized regulatory review: Calendar Year 2019 marks the fiftieth year since Professor Alan Schmid on leave to a position in the Pentagon declared that benefit-cost analysis should […]
I am not, as Jeff Pojanowski described himself in his contribution to this symposium, an “administrative law scholar in the fustiest sense of the term.” Sure, I too have written about Chevron deference and judicial review. But I pride myself as a scholar who researches in the bureaucratic trenches, examining how administrative law actually works in […]
As regular readers of the blog know, I’m very interested in how Chevron deference plays out on the ground in the federal courts of appeals. Kent Barnett and I spent several years coding eleven years (2003-2013) of all published circuit-court opinions that mention Chevron or Skidmore deference. As for study design, we modeled out approach, […]
From the American Constitution Society website: Reforming “Regulatory Reform”: A Progressive Framework for Agency Rulemaking in the Public Interest DAN FARBER Sho Sato Professor of Law and Faculty Director, Center for Law, Energy, and the Environment, University of California Berkeley Law and LISA HEINZERLING Justice William J. Brennan, Jr. Professor of Law, Georgetown Law and PETER SHANE Jacob E. Davis […]
This Friday (10/5) the Iowa College of Law will host the 2018 Iowa Law Review symposium, Administering Patent Law. The symposium focuses on the intersection of patent and administrative law, a juncture that has become particularly salient in recent years and is poised to become even more so with the Supreme Court’s continuing interest in […]
As I blogged about back in January, the UCLA Law Review organized a terrific live symposium entitled The Safeguards of Our Constitutional Republic. The print issue just came out. Here’s a rundown of the written contributions from the UCLA Law Review website, with links to each essay: IN PRINT: VOLUME 65, ISSUE 6 JON D. […]
This month has been busy, so I’m late with the August 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. But it’s a really excellent set of papers: Deep Fakes: A Looming Challenge for Privacy, Democracy, and […]
From my inbox: NEW! Developments in Administrative Law and Regulatory Practice 2017 Edited by Robert Divis This resource offers practitioners in administrative law, and those interested in this area of law, an understanding of the developments in the four core areas of administrative law in 2017 (e.g. Adjudication, Constitutional Law and Separation of Powers, Judicial […]
Yesterday the House Judiciary Committee marked up and reported out favorably legislation that would attempt to prohibit federal courts from issuing certain types of nationwide injunctions: No court of the United States (and no district court of the Virgin Islands, Guam, or the Northern Mariana Islands) shall issue an order that purports to restrain the […]
NOTE: The next deadline for applications is November 1, 2018. Grant awards will be announced in January 2019. The Dirksen Congressional Center invites applications for grants to fund research on congressional leadership and the U.S. Congress. The Center, named for the late Senate Minority Leader Everett M. Dirksen, is a private, nonpartisan, nonprofit research and educational […]
From the Federalist Society’s website: Skepticism of the Chevron doctrine has risen in recent years, with some commentators calling for the Court to overturn or Congress to repeal Chevron. The addition to the Supreme Court of Justice Neil Gorsuch — a Chevron skeptic — prompted much speculation about Chevron’s future. The nomination of Judge Brett Kavanaugh […]
Here are the details: 2018 Administrative Law Conference November 1-2, 2018 | Washington Convention Center, Washington, DC The final agenda for the 2018 Administrative Law Conference is coming soon. Take advantage of our Section Member and Group Discount rates listed below! Topics include the following: Developments in Administrative Law (Parts I & II) Lucia’s Aftermath: […]
Between Regulation and Legislation Call for Papers for Special Issue of The Theory and Practice of Legislation Guest Editors: Nir Kosti, David Levi-Faur, Guy Mor, The Hebrew University of Jerusalem We live in an age in which different types and sources of legislation, including statutes, regulations, decrees, orders, acts, by-laws, case law, treaties and codes, continuously […]
Here is the July 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. With the start of the new school year (and some other personal and professional obligations this month), I haven’t been able to give these papers […]