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 […]
Yesterday a federal district judge ordered the federal government to return two asylum seekers to the United States that the government had put on a plane to depart from the country. News coverage of the judge’s order has focused on the judge’s threat for compliance: in the event that the Defendants do not fully comply with this […]
Over at SCOTUSblog yesterday, I examined the administrative law jurisprudence of Judge Kavanaugh, President Trump’s nominee to the Supreme Court. At nearly 4,000 words, I’d like to say it was a deep dive for a blog post, but Judge Kavanaugh has written more than 120 opinions dealing with administrative law. So the final draft was nearly […]
Over at SCOTUSblog, I have a post today examining Judge Kavanaugh’s administrative law jurisprudence and his potential impact on administrative law and regulatory practice if he were to fill Justice Kennedy’s seat on the Supreme Court. Here’s a snippet (of a nearly 4,000-word post): In reviewing Kavanaugh’s robust record on administrative law, I find myself […]