Over at Procedurally Taxing last week, my colleague Stephanie Hoffer and I weighed in on a fascinating new decision out of the Tax Court that held that Chenery does not apply to preclude the IRS from making arguments in the judicial tax deficiency action that the IRS did not make at the agency level. The […]
This month over at RegBlog they are celebrating their fifth birthday with a fifteen-part series on the last five years in regulation. (I’ll be contributing a piece later this month on developments regarding administrative law’s judicial deference doctrines.) [Update: The entire series and schedule can be found here.] RegBlog founder and Penn law professor Cary […]
Two weeks ago, in MetLife v. Financial Stability Oversight Council, District 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 Term in Michigan v. EPA , the district court held that the FSOC violated the Administrative Procedure Act […]
Last week over at Jotwell, Richard Murphy reviewed Auer in Action: Deference After Talk America byCynthia Barmore, which was published last year in the Ohio State Law Journal. Here’s a summary of the paper from the SSRN abstract (the paper is available on SSRN here): For decades, judges and commentators took for granted that courts should […]
The new Washington and Lee Law Review Rankings (based purely on citation counts) are out, and the Yale Journal on Regulation remains the top administrative law journal. It also comes in at No. 56 among all law reviews (based on the “combined” score). Congrats editors! In case you’re curious, here’s the top ten for administrative […]
There is a rumor out there (which may have just started with this post) that one out of every thirteen copies of Peter Conti-Brown’s new book The Power and Independence of the Federal Reserve includes a chapter exploring how over the last century the Freemasons have influenced and in some respect controlled the form and […]
Here’s the press release on the terrific Penn Program on Regulation event today at noon, which will be live-streamed: The Penn Program on Regulation will hold a panel discussion, The Next Five Years in Regulation: An Election Year Conversation, on April 5, 2016 at noon at the University of Pennsylvania, Philadelphia, PA. The session will […]
For those readers who are law professors (or aspiring law professors), I thought I’d note that I’m guestblogging over at PrawfsBlawg this month, doing series on frequently asked questions by junior law professors concerning scholarship and becoming a voice in one’s field. I plan on doing a dozen or so questions, hopefully crowdsourcing answers from the […]
I’m excited to announce that over the next week or so we will be hosting an online symposium reviewing my co-blogger Peter Conti-Brown’s important new book The Power and Independence of the Federal Reserve , which was just published by the Princeton University Press. Here’s an overview of the book from the publisher’s website: The […]
Last month I highlighted an amicus brief by the “who’s who” of administrative law professors in support the Federal Government in United States v. Texas, in which they argue that the Obama Administration’s executive actions on immigration constitute a general statement of policy and thus are not subject to notice-and-comment rulemaking. Today legal scholars Ronald […]
Here is the March 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 guest-blogging over at PrawfsBlawg this month and on Monday we kick off a fantastic symposium here at Yale JREG on my co-blogger Peter Conti-Brown’s […]
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 Administrative Law Review, which is the official journal of the ABA Section of Administrative Law and Regulatory Practice, will be hosting its annual symposium tomorrow (Thursday, 3/24) afternoon from 2-5 p.m. at the American University Washington College of Law in Washington, DC (4300 Nebraska Ave. NW). The symposium is entitled The State of Chevron: […]
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 […]