Earlier this week the State Respondents filed their merits brief in United States v. Texas—the challenge to the Obama Administration’s executive actions on immigration the Supreme Court will hear in April. In light of this important case, it seems fitting to highlight a new article just published in the Iowa Law Review by former Attorney […]

Earlier this year my co-blogger Nick Bagley argued that there was “no harm, no foul” in the Obama Administration foregoing notice-and-comment rulemaking with respect to the executive actions on immigration. The Obama Administration provided notice, he argued, by “leak[ing] the proposal to the national media and [holding] a Rose Garden press conference.” The public had […]

The constitutionality of in-house adjudications by the Securities and Exchange Commission has beenin the news of late, and the U.S. Chamber of Commerce has made a number of recommendations to improve SEC adjudications, including that individuals and organizations be able to remove the SEC in-house adjudication to federal court. David Zaring has a great new […]

Next week I will be presenting my Legislating in the Shadows project as part of a research roundtableat George Mason’s new Center for the Study of the Administrative State, which is directed by Neomi Rao. To mark the occasion, I thought I’d highlight Professor Rao’s terrific new article Administrative Collusion: How Delegation Diminishes the Collective […]

Last month over at Jotwell, Adrian Vermeule reviewed Administrative War by then-Stanford Law Professor and now-California Supreme Court Justice Tino Cuellar. Justice Cuellar’s article was published in the George Washington Law Review in 2014. Indeed, it was the foreword to the Law Review’s annual administrative law issue, which also included, among others, an article of mine […]

Here is the February 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. I’m heading off to a symposium sponsored by the Missouri Law Review and organized by Erin Hawley, provocatively titled A Future Without the Administrative State?, […]

A lot of attention these days has been focused on prosecutorial discretion in the administrative law context—the scope of the Executive Branch’s authority to not enforce the law. We recently had a week-long online symposium about it in the immigration context, with a particular focus on the pending Supreme Court case challenging the Obama Administration’s […]

After an extended hiatus and by (somewhat) popular demand, I’m bringing back the weeklyAdministrative Law Bridge Series, which highlights terrific scholarship in administrative law and regulation to help bridge the gap between theory and practice in the regulatory state. I have a backlog of a few dozen pieces I’d love to highlight, and these reviews […]

Here is the January 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 . This is when things get a bit more exciting, as many scholars begin posting articles as part of the Spring law review submission cycle. […]