Earlier this week my co-blogger Michael Kagan had a great post on the Federal Government’s opening brief in United States v. Texas—the Supreme Court case regarding the Obama Administration’s executive actions on immigration that will be argued in April. I wanted to highlight one of the amicus briefs in support of the United States by […]
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?, […]
Over at Marginal Revolution, Tyler Cowen has a prescient (and scary) post on the “fear of regulatory reprisal from a Trump administration,” drawing on Philip Hamburger’s provocative book—Is Administrative Law Unlawful?—as well as Adrian Vermeule’s ingeniously titled review of the book:No. (Hamburger has since posted a nice parry entitled Vermeule Unbound, alluding to Posner and […]
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. […]
This week the blog is hosting an online symposium entitled Is Immigration Law Administrative Law?, which is based primarily on a panel by the same name that was part of the 2016 Annual Meeting of the Association of American Law Schools. You can read the entire series, as well as other immigration-related posts, here. My contribution […]
It’s fitting that during our week-long online symposium on the intersection of immigration law and administrative law here at the Yale Journal on Regulation the Federalist Society will be hosting a teleforum Thursday on United States v. Texas — the challenge to the Obama Administration’s executive actions on immigration that the Supreme Court will hear […]
Thanks to the Obama Administration it seems a lot of scholars in immigration law and administrative law are starting to ponder more deeply the question presented by this online symposium: Is Immigration Law Administrative Law? To borrow a line from Justice Scalia’s Brand X dissent, “It is indeed a wonderful new world that the [Obama […]
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 […]