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 […]
We are two weeks away from the ABA AdLaw Section’s 15th Annual Administrative Law & Regulatory Practice Institute. Our annual spring conference is a lighter, one-day conference, which focuses on 101 topics and current developments in administration law. The annual fall conference, by contrast, is our two-day extravaganza with dozens of panels on basic and […]
Last fall, in the Vanderbilt Law Review, Kent Barnett, Christina Boyd, and I published the latest article from our Chevron in the circuit courts dataset, titled Administrative Law’s Political Dynamics. Here’s the abstract for that paper: Over thirty years ago, the Supreme Court in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc. commanded courts to […]
From the University of La Verne Law Review: The University of La Verne College of Law will hold an Aviation Law Symposium on Friday, January 24, 2020, in La Verne, California in partnership with the University of La Verne Law Review. The aim of the symposium is to bring city attorneys and county counsel (in […]
13th Annual Homeland Security Law Institute Friday May 31, 2019 | Ritz-Carlton Pentagon City, Arlington, VA We are excited to announce an updated agenda for the 13th Annual Homeland Security Law Institute, including Co-Sponsorships from: The ABA Standing Committee on Law and National Security The ABA Senior Lawyers Division The ABA Infrastructure and Regulated Industries […]
This spring has produced a lot of great administrative law scholarship and a robust and exciting summer reading list. Here is the March 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. Article II Vests Executive Power, Not […]
Next Thursday, May 2nd, the C. Boyden Gray Center for the Study of the Administrative State will be hosting a conference on the Hill entitled The Constitution’s First Branch⏤Rediscovering the Legislative Power. Jonathan Adler and I will be participating on the first panel to discuss our current project on Congress’s role in addressing the temporal issues […]