The Free State Foundation has released a set of short, generally positive reactions to FCC Chairman Ajit Pai’s proposed Restoring Internet Freedom Order, which would undo the FCC’s net neutrality/open internet order. The contributors include Babette Boliek, Timothy Brennan, Michelle Connolly, Robert Crandall, Richard Epstein, Gus Hurwitz, Daniel Lyons, James Prieger, and Christopher Yoo. I also contributed a […]
Anne Joseph O’Connell has organized a terrific ABA teleforum on the CFPB dueling directors dispute for December 4, 2017, from 3PM-4PM eastern. It’s free and open to the public, but you must register here. [12/1 Update: The ABA has recruited two additional panelists — Nina Mendelson and Jonathan Adlaw — so I’ve updated the post […]
Steve Calabresi nearly broke the internet (see, e.g., here, here, and here) by proposing last week at the Federalist Society National Lawyers Convention that the Trump Administration should add more judges to the federal judiciary. His proposal, coauthored with Shams Hirji, is available on SSRN here. Here’s a summary of the proposal: This paper argues that the […]
As regular readers know, I’m a big fan of Josh Chafetz’s new book Congress’s Constitution: Legislative Authority and the Separation of Powers. I’ve talked about it at numerous conferences and reviewed it for the Michigan Law Review (draft review here). Congress’s Constitution focuses on six powers Congress has to compete with the other branches in our separation-of-powers framework […]
From Professor Lou Virelli: The AALS Administrative Law Section is pleased to announce its “New Voices in Administrative Law” program for the 2018 AALS Annual Meeting in San Diego. The New Voices program is designed to give junior administrative law scholars an opportunity to discuss their work with their more senior colleagues in an informal […]
Here is the October 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. Misconceptions About Nudges by Cass R. Sunstein [CJW Note: As I noted last month, this 12-page essay by Sunstein already has nearly 2,000 downloads on SSRN. […]
Columbia Law Professor Philip Hamburger, author of Is Administrative Law Unlawful?, has started a nonprofit, public interest law firm called the New Civil Liberties Alliance (NCLA). Per this job posting, the NLCA is looking to hire attorneys both at the senior and more junior level. Here’s a description of the NLCA: Founded by law professor […]
[CJW Note: Originally posted on 10/23, but reposted with agenda on 10/26] From the conference website: Perspectives on the PTAB: The New Role of the Administrative State in the Innovation Economy November 9, 2017 9:30 AM – 5:00 PM Antonin Scalia Law School, George Mason University Arlington, Virginia Co-sponsored by the Center for the Protection […]
Over at Jotwell last month, I reviewed a terrific new article by Wendy Wagner, William West, Thomas McGarity, and Lisa Peters entitled Dynamic Rulemaking. It was published in the NYU Law Review earlier this year. Here’s a taste of the review: Despite bipartisan calls for more-rigorous retrospective review, we have little empirical insight into how agencies review regulations today. Enter […]
Earlier this month the Michigan Law Review published Kent Barnett and my Chevron in the Circuit Courts. This is the first, largely descriptive paper from our dataset of all published Chevron decisions in the courts of appeals from 2003 through 2013. Last year Dick Pierce kindly wrote up a Jotwell review of an earlier draft of […]
I hope to blog more about the faculty scholarship awards from the ABA Administrative Law Conference last week — to Adrian Vermeule for his book Law’s Abnegation and to Eloise Pasachoff for her Yale Law Journal article The President’s Budget as a Source of Agency Policy Control. But here is the Vanderbilt Law School’s press release […]
Yes, this is coming out a few weeks late. It’s been a busy month here, including a six-day trip to Vegas for my twentieth high school reunion. Jen and I decided to fly out with all four little kids, which helped me better understand the difference between a “vacation” and a “family vacation.” But September […]
As I noted last month, the ABA Annual Administrative Law Conference is my favorite adlaw event of the year. This year’s program, which starts tomorrow, might be the best one (I’ve attended) to date. Lots of great panels, so check out the full program here. The first panel of the day — Reinvigorating Congress’s Oversight Role […]
Looks like a fascinating law review symposium by the Villanova Law Review (from the law school’s website): The Villanova Law Review examines fifty years of operation under the Freedom of Information Act (FOIA) with its annual Norman J. Shachoy Symposium on October 20, 2017. The symposium features a group of distinguished FOIA and transparency scholars, governmental officials, […]
Last year the Administrative Conference of the United States adopted a recommendation for special procedural rules for social security litigation in the federal district court, based on an incredible empirical study on by Jonah Gelbach and David Marcus. (All of the ACUS project documents are collected here.) The study focused on, among other things, judicial remand […]