Yesterday we had three terrific posts on whether Auer deference actually makes a difference in the federal courts of appeals. In other words, do agencies win more when courts apply Auer deference (also known as Seminole Rock deference) to give an agency’s regulatory interpretation “controlling weight unless it is plainly erroneous or inconsistent with the […]
At the American Association of Law Schools Annual Meeting in January 2017 (in San Francisco), both the Administrative Law Section and Legislation Section will be hosting again their terrific new voices programs. I’ve participated in the adlaw section’s program a couple times, and it’s a terrific opportunity to get feedback from senior scholars in the […]
This post will be short, as we will be hosting a terrific online symposium in September on judicial deference to an agency’s interpretation of its own regulations (a.k.a. Auer deference or Seminole Rock deference). We have a terrific line-up, including the three scholars featured in this post. But I wanted to highlight now in the […]
Earlier this year my Ohio State colleague Peter Shane and I read at our regular “book club” Leah Litman‘s Taking Care of Federal Law, which was published in the Virginia Law Review. This is such a engaging and provocative paper, and I was glad to see Peter review it for Jotwell last month. Here’s a summary of the paper […]
I blogged about this project earlier in the year, but I’m excited to report that I finally have a full draft of the article, Legislating in the Shadows, which is forthcoming in the University of Pennsylvania Law Review. This article documents a previously under-explored yet widespread practice—how agencies confidentially assist Congress in drafting statutes—and then explores […]
Over at the Library of Law and Liberty, I had a post yesterday, entitled Do Judicial Deference Doctrines Actually Matter?, on Kent Barnett and my new article Chevron in the Circuit Courts, which is forthcoming in the Michigan Law Review. In that post, I briefly recap the current debate about whether to get rid of, or […]
Yesterday over at LegalPlanet, Dan Farber had an interesting post highlighting a right-of-center proposal for more rigorous training in law school on regulatory policy and economics: Since the days of Felix Frankfurter, the Administrative Law course has been a staple of American law schools. It’s a great course, but it’s limited. The same is true […]
In the last few years, (at least) two important books on legal interpretation have been published: Justice Scalia and Bryan Garner’s Reading Law: The Interpretation of Legal Texts, and then Judge Katzmann’s Judging Statutes. I have blogged a fair amount about Reading Law (posts collected here) and contributed to the Green Bag’s entertaining microsymposium on the […]
Earlier this summer at the terrific Rethinking Judicial Deference Conference sponsored by George Mason’s Center for the Study of the Administrative State, Cathy Sharkey presented a provocative paper entitled In the Wake of Chevron’s Retreat. In this paper, Professor Sharkey notes that last year the Supreme Court engaged in two types of narrowing of Chevron deference […]
The summer is quickly coming to a close, but that doesn’t mean there isn’t a lot of fun administrative law stuff to read on SSRN. Here is the July 2016 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 school year gearing up, I thought I’d do a few posts in this AdLaw Bridge Series about terrific new resources for law students, professors, and administrative law practitioners. The first is the Third Edition of Administrative Justice in the United States, by Peter Strauss. Professor Strauss has long been one of my favorite […]
Back in April I blogged about the district court decision in MetLife v. Financial Stability Oversight Council. There, Judge Rosemary Collyer (D.D.C.) sent waves through the financial services industry and among scholars of cost-benefit analysis. Relying in part on the Supreme Court’s decision last year in Michigan v. EPA, the district court held that the Financial Stability Oversight Council (FSOC) […]
Next month the ABA Section of Administrative Law and Regulatory Practice will be hosting its annual Homeland Security Law Institute, one of the Section’s three major annual conferences. It has been a premier program every year, and promises to be this year as well. So definitely don’t miss it if you’re in DC in late […]
Apologies for the delay, as it’s been a busy July here in Columbus. But here is the June 2016 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. 1. Political Parties, Voting Systems, and the Separation of Powers by […]
Last week the U.S. House of Representatives passed the Separation of Power Restoration Act, with even one Democrat voting in favor.* If enacted, the legislation would attempt to get rid of Chevron and Auer deference by amending the Administrative Procedure Act to instruct courts to “decide de novo all relevant questions of law, including the interpretation […]