From West Academic Press: Kristin E. Hickman, University of Minnesota Law SchoolRichard J. Pierce, Jr., The George Washington University Law SchoolChristopher J. Walker, University of Michigan Law School Federal Administrative Law: Cases and Materials, 4th Edition will be published in June and available for your Fall 2023 course. About the Casebook: This casebook is designed with an emphasis on accessibility. […]

The mad dash to the end of the semester this month has resulted in me just barely posting the SSRN reading list before the month turns over to May. But this looks like a terrific group of papers from March. Three more papers on the major questions doctrine (of course), and also two papers from […]

The ABA Section of Administrative Law & Regulatory Practice invites you to register for the 2023 Administrative Law & Regulatory Practice Institute and the Homeland Security Law Institute, both of which will be held virtually on April 27, 2023. Our two annual conferences, which have been combined into one Virtual Live Event, will cover rulemaking, judicial review, […]

I’m a little late this month with this post, but here is the February 2023 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. Perhaps not surprisingly, there are quite a few papers this month exploring various aspects of the Supreme Court’s […]

On Wednesday, March 16th, at 1:30, the American Bar Association has organized an hour-long CLE webinar on the major questions doctrine. Tom Dupree and I will be discussing the doctrine and its implications for the administrative state, with Cheyenne Chambers moderating. It’s free for ABA members, and you can register here. Here’s the webinar description: […]

The Society for Benefit-Cost Analysis will hold its annual meeting in-person on March 9-10 and online on March 13-14. As in the past, there are many sessions pertaining to the use of benefit-cost analysis in regulation and regulatory decision making that those who study administrative law will find useful. Those include: Regulatory Policy in the United States: […]

The Nominations Committee of the ABA Section of Administrative Law and Regulatory Practice is seeking nominations, including self-nominations, to fill leadership positions on the Section’s governing council. We will start considering nominations on March 6, 2023, but we will continue to consider additional nominations on a rolling basis through the middle of March. A simple […]

Join us for a free webinar sponsored by the ABA Section of Administrative Law and Regulatory Practice on the impact of ChatGPT and other A.I. technologies on public comments in rulemaking on Friday, March 3, 2023, 12:00-1:30 pm Eastern Time via Zoom. Register for free here. Program Description ChatGPT and other technologies using large language models […]

On Monday, the Notre Dame Law Review hosted a terrific symposium on the history of the Administrative Procedure Act (APA). The videos of the panels and keynote are available here. For my contribution to the symposium issue, I’m attempting to sort out the various approaches to APA interpretation.  I’ve posted to SSRN a draft of […]

On Monday, the Notre Dame Law Review hosted a terrific live symposium entitled the History of the Administrative Procedure Act and Judicial Review. It was such a terrific event, and I learned a lot. The editors have posting the video recordings of the panels on the law review’s YouTube channel here. Here are the panel […]

On Thursday, February 8, 2023, there’s a terrific law review symposium in Washington, DC, on democratic accountability in the administrative state. Shoba Wadhia and I will be presenting our new working paper on democratic accountability and modes of regulatory policymaking. Definitely join us if you’re in DC and have time. Here are the details from […]

At its plenary session in December, the Administrative Conference of the United States (ACUS) voted to adopt a recommendation to improve precedential decision making in agency adjudication. This recommendation is based on my report with Melissa Wasserman and Matt Wiener entitled Precedential Decision Making in Agency Adjudication. Last week, those recommendations were published in the […]

Last week at the annual meeting of the Association of American Law Schools (AALS) in San Diego, the Federalist Society hosted its annual faculty division debate, this year on whether the major questions doctrine has no place in statutory interpretation. I had the privilege of moderating, which was a lot of fun. Here’s the video […]

Delivered today at the Symposium on Central Bank Independence, Sveriges Riksbank, Stockholm, Sweden, and posted in full here: I will address three main points. First, the Federal Reserve’s monetary policy independence is an important and broadly supported institutional arrangement that has served the American public well. Second, the Fed must continuously earn that independence by […]