This week at the Seventh Annual Junior Faculty Federal Courts Workshop, hosted by the University of Georgia School of Law (with Kent Barnett and Matt Hall as organizers), there have been a number of terrific presentations that attempt to bridge the gap between theory and practice with an obvious focus on court-related topics such as […]
SPOILER ALERT: The most cited Supreme Court administrative law decision of all time is Chevron. Coming in second place, however, may be a bit more surprising: It’s the Rehnquist Court’s foundational standing decision Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992). This should provide more fuel to the fiery debate on whether the signature […]
10/3 Update: schools added since initial post are underscored in the list below. With the American Association of Law Schools Annual Faculty Recruitment Conference in Washington, DC, less than a month away in two weeks, I thought I’d check in and see which schools are expressly hiring in administrative law and regulation (as broadly defined, per JREG’s […]
When considering how to bridge the gap between the theory and practice of administrative law — the aspiration of this AdLaw Bridge Series — one organization stands out as embodying this mission: theAdministrative Conference of the United States (ACUS). ACUS is an independent federal agency that conducts research in administrative law with the hope of […]
The Social Science Research Network (SSRN) is a terrific resource for current scholarship in a variety of academic fields, and a particularly valuable resource for legal scholarship. It’s also a great way to see other publications and works in progress by a particular scholar, as just about everyone posts their papers on SSRN. So if […]
As Jerry Mashaw has remarked in the pages of the Administrative Law Review (Vol. 57, p. 537), “Inquiry into the empirical realities of agency interpretive practice can provide a crucial window on [agency statutory interpretation] and an essential step in the assessment of the legitimacy of administrative governance.” Yet, to date, little work has been done to […]
My guess is that nearly all law professors are familiar with Jotwell—The Journal of Things We Like (Lots), which is hosted online by the University of Miami Law School under the direction of Michael Froomkin. But I’m also pretty confident that this resource is underutilized—and for the most part unknown—outside of the legal academy. I […]
“Either you don’t teach administrative law or I don’t practice administrative law because what you and I do have nothing to do with each other.” — Peter Barton Hutt, Senior Counsel at Covington & Burling, Former FDA Chief Counsel, Harvard Law Lecturer ( Celebrating Peter Barton Hutt’s 20 Years (thus far) at HLS, at 55:50 […]
In Jeff’s post last Thursday, he makes the following observation about the continuing role of the nondelegation doctrine in administrative law: Would it make sense, for example, to trade a more vigorously enforceable non-delegation doctrine in exchange for radically lightened notice-and-comment procedural requirements, less monitoring of the use of non-legislative rules, more simplified judicial review […]
Perhaps due in part to a hopelessly gridlocked Congress, we live in an era of executive discretion. The White House has delayed the Affordable Care Act’s employer mandate. The Department of Homeland Security has announced that it will stop deporting certain noncitizens who are currently required to be removed by statute and refocus its efforts […]
I am pleased to join the Yale Journal on Regulation as a regular blogger. As part of my contributions to the blog, I will host a column, entitled the Administrative Law Bridge Series, which will highlight current scholarship in administrative law and regulation. These reviews will be at a level of detail and length somewhere […]