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 […]
Here is the May 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. Lots a terrific new scholarship to add to any adlaw geek’s summer reading list. Here’s the top ten: 1. A Snapshot of the Foreign Corrupt Practices […]
Here is the April 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. For more on why SSRN and this eJournal are such terrific resources for administrative law scholars and practitioners, check out my first post on the subject here. […]
As the subheader of the blog now reads and as TaxProf Blog’s Paul Caron announced earlier today, the Yale JREG editors and regular bloggers have decided to join the Law Professor Blogs Network to fill the administrative law void in the network. While I don’t anticipate this changing the substance here, we’re excited about joining the network and […]
The Administrative Conference of the United States (ACUS) is looking for a researcher/consultant for an exciting new project entitled The Ombudsman in Federal Agencies . If I weren’t already working on ACUS’s project on federal agencies in the legislative process , I’d definitely be interested in consulting on this project. These offices can play a critical […]
Here is the March 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. For more on why SSRN and this eJournal are such terrific resources for administrative law scholars and practitioners, check out my first post on the subject here. […]
With Republicans in control of both Houses of Congress, one should expect more legislative efforts to reign in the modern administrative state. And, indeed, about three-dozen such reform proposals have been introduced in Congress since the first of the year. It is a daunting task to try to keep track of all of these proposals, […]
With the spring law review submission process winding down, I’ll be spending the next few months trying to catch up on covering the terrific new administrative law scholarship via this Administrative Law Bridge Series. In this post, I’d like to highlight three important empirical studies on immigration adjudication. Full disclosure: Immigration adjudication is an area […]
I’ve previously blogged about the Administrative Conference of the United States (ACUS) here and here, and I’m a big fan of ACUS’s role in bridging the gap between the theory and practice of administrative law and improving administrative governance in the United States. ACUS has just announced a request for proposals to serve as a consultant on […]
Last week my co-blogger Jeff Pojanowski and I participated in a Federalist Society teleforum (moderated by Adam White) on the Supreme Court’s recent decision in Perez v. Mortgage Bankers Association. In Mortgage Bankers, the Court held in a unanimous decision that a federal agency is not required to use notice-and-comment rulemaking to revise a prior interpretation […]
Here is the February 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. For more on why SSRN and this eJournal are such terrific resources for administrative law scholars and practitioners, check out my first post on the […]
The latest issue of the Yale Law Journal (and Yale Law Journal Forum) has a terrific series on the hot topic of cost-benefit analysis in financial regulation. I had planned on featuring John Coates’s important article-length contribution in the AdLaw Bridge Series, but Fabrizio Di Mascio over at the Osservatorio AIR beat me to the punch […]