Today, the Competitive Enterprise Institute has released a new report, by Ryan Young and Stone Washington, entitled Conflict of Justice: Making the Case for Administrative Law Court Reform. Here’s a taste of the report, from conclusion: Administrative law courts are unfair and regressive. They violate the separation of powers. They do not relieve regular court […]
Earlier this week I sat down with Eric Segall to participate in his Supreme Myths podcast. We chatted about about all things administrative law, including the major questions doctrine, the current cases (Loper Bright and Relentless) before the Supreme Court challenging Chevron deference, and SEC v. Jarkesy, the constitutional challenge the Court heard last week […]
With the Supreme Court hearing argument in SEC v. Jarkesy on Wednesday, a lot of focus will be on the three separate constitutional questions presented in the case: The Fifth Circuit answered all three questions in the affirmative, and I would be shocked if the Supreme Court agreed on all three. But it’s quite possible […]
On Wednesday, the Supreme Court will hear oral argument in SEC v. Jarkesy, a major constitutional challenge to the future of agency adjudication and enforcement. In an essay forthcoming in the Ohio State Law Journal, David Zaring and I set forth a way for the SEC, Congress, or maybe even the Supreme Court could save […]
Happy Thanksgiving! Here is the October 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. For more on why SSRN and this eJournal are such terrific resources for administrative law scholars and practitioners, check out my first post on the subject here. You […]
The AALS New Voices in Administrative Law program is seeking several more senior commentators for this year’s session. We had an outstanding response to our call for junior scholar presenters, and are now looking for more senior scholars to join. We’d like to continue our tradition of assigning two experienced scholars to comment on each junior paper. […]
Over at the GW Regulatory Studies Program, Mark Febrizio, Sarah Hay, and Zhoudan (Zoey) Xie have published a comparison of the draft and final Circular A-4 revisions, which were published last week. Here’s the description of the project: Following a public comment period earlier this year, the Office of Information and Regulatory Affairs (OIRA) in the Office […]
2023 ABA Administrative Law Conference November 30, 2023—December 1, 2023 The 2023 ABA Administrative Law Conference is right around the corner! Join us for the fourth annual virtual live event. The ABA Section of Administrative Law and Regulatory Practice will seek 12.5 hours of ONLINE LIVE CLE CREDIT for 8 panels spread over two days. […]
The University of Michigan Law School is pleased to invite junior scholars to attend the 10th Annual Junior Scholars Conference, which will take place in-person on April 12-13, 2024, in Ann Arbor, Michigan. The Conference provides junior scholars with a platform to present and discuss their work with peers and receive feedback from prominent members of […]
Congratulations to the winner of the AALS Section on Administrative Law‘s 2024 Emerging Scholars Award for Outstanding Scholarly Publication: Todd Phillips, for his article Commission Chairs, 40 Yale J. on Reg. 277 (2023). Go give the paper a download and read here. Here is the abstract: Since 1950, Congress has granted chairs of many multimember […]
The Association of American Law Schools (AALS) Section on Administrative Law is pleased to announce the “New Voices in Administrative Law” program for the 2024 AALS Annual Meeting, which will be held in person in Washington, DC. The New Voices program gives junior administrative law scholars an opportunity to receive useful feedback on their work […]
Here is the September 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. For more on why SSRN and this eJournal are such terrific resources for administrative law scholars and practitioners, check out my first post on the subject here. You can check […]
At the Mayflower Hotel in Washington, DC, on Friday, October 20, 2023, the George Mason Law Review will be hosting a terrific symposium entitled Chevron on Trial: The Supreme Court and the Future of Agency Authority and Expertise: It’s a terrific line-up of speakers, and the event is open to the public. You can see […]
Here is the August 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. For more on why SSRN and this eJournal are such terrific resources for administrative law scholars and practitioners, check out my first post on the subject here. You can check […]
On Monday, I’ll be in Seattle to speak at the annual Federal Administrative Law Judges Conference. With the Supreme Court currently considering the constitutional future of agency adjudication in SEC v. Jarkesy, perhaps not surprisingly I’ll focus my remarks on the case and, in particular, on what the path forward could be if the Court […]