Tonight in a 5-4 decision the Supreme Court stayed the Clean Power Plan regulations, pending judicial review in the D.C. Circuit and subsequent review in the Supreme Court. Here is the order per SCOTUSblog. To state the obvious, that five Justices are willing to stay the regulations in the D.C. Circuit suggests there are at […]
Next week I’m taking my newest project—Legislating in the Shadows—on the road with a law faculty workshop at UNLV on Monday (1/25), and another law faculty workshop at the University of Utah on Wednesday (1/27).* Thanks in advance to the law faculties at UNLV and Utah for reading the early draft of the paper and […]
The Freedom of Information Act (FOIA) is in the news this week, with a New York Times piece that highlights Margaret Kwoka‘s terrific forthcoming Duke Law Journal article FOIA, Inc.— an article Ibriefly blogged about last week. Now the House Oversight and Government Reform Committee, chaired by Representative Jason Chaffetz (R-UT), released a staff report on its investigation […]
As I noted back in October, the Seventh Circuit decided a case Bible v. United States Aid Funds, Inc. , which Judge Easterbrook claimed was a suitable vehicle for the Supreme Court to reconsider Auer/Seminole Rock deference — the doctrine that instructs courts to defer to an agency’s interpretation of its own regulation unless the interpretation […]
As I previewed here, the Association of American Law Schools (AALS) held its annual meeting in New York City last week, and there were a number of terrific panels and events on administrative law and regulation. I loved the AALS AdLaw Section’s panel on the regulatory/compliance curriculum as well as its annual New Voices Program—where […]
Here is the December 2015 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. Here’s the top ten: 1. Who Can Be President of the United States?: Candidate Hillary Clinton and the Problem of Statutory Qualifications by Seth Barrett […]
There is a lot of terrific administrative law and regulation programming at the AALS Annual Meeting in New York City this week, so I thought I’d highlight the various panels and programs that may be of interest to scholars of administrative law and regulation (defined broadly). In addition to the official AALS programming, I’ve included […]
Congress recently passed its annual “tax extender” legislation: the Protecting Americans from Tax Hikes Act of 2015 (PATH Act) . Although the bulk of the PATH Act extends a variety of tax breaks, as Daniel Hemel notes over at the University of Chicago Law School Faculty Blog the last few pages of the more-than-two-hundred-page bill attempt […]
Albeit a little later than usual, here is the November 2015 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. Before turning to this month’s top ten list, it’s worth noting—especially for adlaw geeks who are interested in environmental […]
Following the lead of terrific roundtables/workshops in other fields of law (federal courts, civil procedure, etc.), I’m excited to announce the inaugural Administrative Law New Scholars Roundtable, which will take place next summer with a call for papers deadline in the spring. The first year’s host will be Michigan State. Here are the full details […]
Last week the Michigan Law Review published in its online companion a short essay of mine—entitled Inside Regulatory Interpretation: A Research Note—which responds to Kevin Stack’s seminal article on regulatory interpretation Interpreting Regulations. Like Anne O’Connell’s article I reviewed for Jotwell earlier this month, Professor Stack’s article was chosen by the American Bar Association as […]
Here is the October 2015 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. Here’s the top ten: 1. Enforcement Discretion at the SEC by David T. Zaring (Texas Law Review forthcoming) [CJW: As I’d expect from anything Zaring writes, […]
Last week Jotwell—the Journal of Things We Like (Lots)—posted my review of Anne O’Connell’s terrific article Bureaucracy at the Boundary, which was published in the University of Pennsylvania Law Review last year. I’m not alone in heaping praise on this article, as the American Bar Association just named it the best work of administrative law […]
If you’re interested in administrative law and regulatory practice (which I assume you are if you’re reading this blog) and you’re in DC (or even if you’re not), I hope you’re planning to attend the Annual Administrative Law Conference hosted by the American Bar Association’s Section of Administrative Law and Regulatory Practice. The program takes […]
On the administrative law professor email listserv, my colleague Peter Shane sparked an intriguing discussion about the impact of the Justice Department’s Office of Legal Counsel (OLC) on administrative law scholarship and the legal academy more generally. With permission, I’m reprinting a (slightly edited) version of his initial email to the listserv: I recently received […]