Here is the September 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 William Funk. Here’s the top ten: 1. Prosecutorial Constitutionalism by Eric S. Fish 2. Is the Chief Justice a Tax Lawyer? by Stephanie R. Hoffer and Christopher J. […]
Last week the Journal of Legal Education, which is the official legal pedagogy journal of the Association of American Law Schools (AALS), published a terrific symposium issue on legislation and regulation in the first-year law school curriculum. It’s great to see the issue in print. You can access the full version for free here. The live symposium was […]
Today, in his concurrence in the denial of rehearing en banc in Bible v. United States Aid Funds, Inc.(7th Circuit), Judge Easterbrook serves up an excellent vehicle (at least in his opinion) for the Supreme Court to reconsider Auer deference in administrative law. (HT Will Baude) As I’ve blogged about here, a number of Justices […]
As Andy noted in his post last week, the Pepperdine Law Review will be publishing soon a symposium on the implications of King v. Burwell on tax law and administration. In his contribution, Andy asks: Where Were the Tax Professors? In our contribution, my tax prof colleague Stephanie Hoffer and I focus on the reasoning of the majority […]
Last week the Administrative Conference of the United States posted a draft of my report entitled Federal Agencies in the Legislative Process: Technical Assistance in Statutory Drafting. This report builds on the empirical survey work I conducted a couple years ago on federal agency rulemaking and agency statutory interpretation, which culminated in an article published in […]
Here is the August 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 William Funk. There are some really, really terrific articles here, a number of which are on my list to highlight in theAdministrative Law Bridge Series. I’ve included some […]
Here is the July 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 William Funk. I may as well retitle this post the Cass Sunstein Edition, as three of the top five papers are authored by Professor Sunstein. [Aside: When I worked as a […]
In my survey of federal agency rule drafters, I decided to ask a question about the role of presidential signing statements in agency statutory interpretation. In particular, I included a list of nine types of legislative history and asked: “For each of the following, please tell us if the type of legislative history is a (VR) […]
As I’ve blogged about before, the role of cost-benefit analysis—and economic analysis more generally—in financial regulation has been a hot topic in recent years among scholars, policymakers, regulators, and the regulated. This debate has been sparked in part by the D.C. Circuit’s aggressive review of SEC rulemaking—in cases like Business Roundtable v. SEC and others—and […]
I previously blogged here about Nicholas Parrillo‘s terrific book Against the Profit Motive: The Salary Revolution in American Government, 1780-1940 (2013), noting that the book “is a fascinating read for anyone interested in the history (and future) of administrative law and regulation.” Recently in the pages of the Harvard Law Review, Jon Michaels reviews Nick’s […]
Here is the June 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 William Funk. There are a number of terrific new papers, including great reads from Josh Chafetz, Gillian Metzger, Liz Porter, Cass Sunstein, and Adrian Vermeule. Here’s the top ten: 1. […]
Today the Court handed down a 6-3 decision in King v. Burwell, upholding the Government’s regulation interpreting the Affordable Care Act to allow for tax subsidies in healthcare exchanges established by the Federal Government. This is a big win for the Obama Administration in a case that most felt could go either way after the […]
This morning I blogged about what the 6-3 decision in King v. Burwell means for administrative law (post here). Part of my conclusion there is that the Court’s decision in King chips away at the bright-line rule-based approach to Chevron deference—an approach Justice Scalia has championed—by reinvigorating the major questions doctrine. King, however, constitutes a major […]
The Administrative Conference of the United States (ACUS) just announced a new project they’ve commissioned, entitled Aggregate Agency Adjudication. The consultants on this project are Adam Zimmerman and Michael Sant’Ambrogio, and it builds on their terrific article The Agency Class Action, 112 Colum. L. Rev. 1992 (2012). Here’s a description of the project, from the ACUS project […]
Yesterday the Supreme Court issued a 7-2 opinion in Mellouli v. Lynch, an immigration adjudication case dealing with what counts for deportation purposes as a state law “relating to a controlled substance (as defined [by federal law]).” The Court ruled against the Federal Government, refusing to give Chevron deference to the agency’s interpretation of the […]