I have long admired Jon Michaels’ work on separation of powers and government privatization, so I was thrilled to learn he had further synthesized these strands of his research in a book-length treatment: Constitutional Coup: Privatization’s Threat to the American Republic. And I’m excited we’re hosting this symposium on the book here at the Notice and […]
Last November the Supreme Court heard oral argument in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC to consider whether certain agency adjudications at the U.S. Patent and Trademark Office are unconstitutional because they strip parties of their private property rights in a non-Article III forum and without a jury. At oral argument, the justices raised […]
From the Federalist Society Regulatory Transparency Project website: In 2017, the U.S. experienced a dramatic shift in regulatory policy at the federal level. This shift is attributable to a new presidential administration that has made regulatory reform a priority. This priority is evidenced by numerous regulatory initiatives including Executive Order 13771 that directs agencies, among […]
This month’s SSRN reading list likely constitutes the calm before the storm of new administrative law scholarship, as the spring law review season opens up and scholars begin posting new articles to SSRN. But January was still a solid month for new scholarship. Here is the January 2018 edition of the most-downloaded recent papers (those […]
The Administrative Conference of the United States (ACUS) tracks the various regulatory reform bills on a pretty regular basis. This is a terrific resource for those interested in understanding the various proposals being considered in Congress. ACUS just posted an updated summary here. Here is the description of the project: In the last several sessions […]
As Elizabeth Porter and Kathryn Watts noted in their contribution to this symposium on how agencies communicate (as well as Michael Herz in his contribution), federal agencies have begun to utilize social media and other channels to explain and promote their preferred regulatory outcomes. Sometimes such communications take place during the public comment period on […]
Each year the American Constitution Society hosts the Richard D. Cudahy Writing Competition in Regulatory and Administrative Law. The list of prior winners is a who’s who in administrative law. Plus there’s a separate student category! The submission deadline of February 4th is quickly approaching. Here are the full details from the ACS website: The American […]
On Friday, the UCLA Law Review will be hosting a terrific symposium entitled The Safeguards of Our Constitutional Republic. So if you happen to be in Southern California, definitely join us! Here’s the description of the symposium from the law review’s website: We find ourselves today at a political, legal, and cultural crossroad. This past year […]
I’ve previously given my pitch (here) for why every administrative law practitioner, scholar, and student should join the ABA’s Section of Administrative Law and Regulatory Practice. I’m now seconding Linda Jellum’s recent invitation (reproduced below) for administrative law folks to join an ABA AdLaw Section committee. I co-chair the adjudication committee with ACUS Vice Chair […]
The calls to rethink Chevron deference haven’t ceased, with the primary focus being on whether to eliminate the doctrine entirely or how to narrow it further on Chevron Step Zero (think: major questions doctrine). I’ve captured those developments and arguments in an essay forthcoming in the Georgetown Journal of Law and Public Policy entitled Attacking Auer and […]
Junior administrative law scholars (7 years or fewer in the academy) are invited to submit papers every other year to the Yale/Stanford/Harvard Junior Faculty Forum. This year is administrative law’s year in the rotation. Here are the details from Rebecca Tushnet’s 43(B)log: Yale, Stanford, and Harvard Law Schools are soliciting submissions for the 19th session of […]
If you’re looking for an introduction or quick refresher on the Congress.gov resource, the Law Library of Congress has a free webinar scheduled for next week. For those who teach legislation, Congress.gov also has a great collection of short videos on the legislative process that are available here. You can register for the webinar here, with details […]
Happy new year! 2017 was a great year for administrative law scholarship. Here is the final (December) 2017 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. A Bureaucracy – If You Can Keep It by Mila Sohoni (131 Harvard Law […]
On Thursday, I had the privilege of participating on a terrific administrative law panel at the American Association of Law Schools Annual Meeting in San Diego. The Federalist Society organized the panel, which meant the four panelists brought very diverse perspectives to the discussion on how to reform the administrative state. Here’s the description of the […]
This year has been an eventful one for administrative law, to put it mildly. We have had a change in presidential administration, with an accompanying focus on deregulation across the federal bureaucracy and mission re-orientation at a number of federal agencies. One agency (the CFPB) currently has dueling acting directors—one appointed by the outgoing agency head and the other […]