Monthly Archives: September 2016

D.C. Circuit Review – Reviewed: Counting Noses

by Aaron Nielson — Friday, Sept. 30, 2016@Aaron_L_Nielson

The D.C. Circuit, sitting en banc, devoted over seven hours — seven hours! — of oral argument to a single matter. And the full court opted to hear the case en banc in the first instance, without an ordinary three-judge panel ever having a shot at it. Obviously, the media paid attention. With so much […]

Mark Your Calendars: Annual ABA Admin Law Conference Dec. 8-9

by Aaron Nielson — Wednesday, Sept. 28, 2016@Aaron_L_Nielson

The American Bar Association Section of Administrative Law and Regulatory Practice hosts an annual conference in Washington, D.C. If you care about “admin law” — and if you don’t, you really should — it is a great event. I attended for the first time last year and enjoyed the interesting mix of lawyers and scholars. […]

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What Exactly is Global GAP and Where Did it Come From?

by Sam Halabi — Tuesday, Sept. 27, 2016

To understand how private food safety standards have emerged as competitors with regulations adopted through more conventional public law processes, it is worth understanding how the major private standard setter – Global GAP – works and where it came from. The movement for private certification of farming practices resulted from two related consumer pressures and […]

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How to Analyze Trump’s “Self-Dealing” with the Trump Foundation

by Andy Grewal — Monday, Sept. 26, 2016

Tax issues related to the Trump Foundation continue to grab headlines.  The Washington Post’s David A. Fahrenthold has tirelessly examined the organization, and recently discussed “four new cases of possible self-dealing [that] were discovered in the Trump Foundation’s tax filings.”   Any allegation of self-dealing sounds inherently bad, but the discussion of the Trump transactions […]

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Three thoughts about stopping risk corridor settlements.

by Nicholas Bagley — Monday, Sept. 26, 2016

Congressional Republicans will have to confront at least three tough strategic questions as they move to shut off risk corridor payments. (Prior coverage is here.) First, the courts will entertain congressional objections to any risk corridor settlements only if the House has standing to intervene in the litigation. But the question of whether the House […]

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Conclusion: Reflections on Seminole Rock

by Aaron Nielson — Friday, Sept. 23, 2016@Aaron_L_Nielson

Our symposium on Seminole Rock deference has now come to an end. I will take a few moments, however, to thank all of the participants. By my count, 30 different contributors posted as part of this symposium. We are fortunate that so many folks, with so many different perspectives, were willing to take the time […]

D.C. Circuit Review – Reviewed: Recused

by Aaron Nielson — Friday, Sept. 23, 2016@Aaron_L_Nielson

The big(-ish) news this week is that Judge Pillard will participate in the en banc “Power Plant Rule” argument next Tuesday. (Chief Judge Garland still is recused.) We don’t know why she was recused before or why she is not recused now. But that is par for the course; often the reasons for recusals are […]

After Auer?, by Jeffrey Pojanowski

by Guest Blogger — Friday, Sept. 23, 2016

I planned to post solely about how judicial review would operate without Auer deference. I recently ruminated in a forthcoming Missouri Law Review symposium paper about a future without Chevron, and I think post-Auer and post-Chevron futures offer interestingly different implications. But along the way I found myself thinking about the origins of Auer deference. […]

Contemplating a Weaker Auer Standard, by Kristin E. Hickman

by Guest Blogger — Friday, Sept. 23, 2016

In thinking about the future of Auer deference, I begin with a critical supposition, that stare decisis will prevail and the Court will not overturn Auer, at least not based on separation of powers principles.* Retaining Auer, however, does not mean that its doctrine will remain static. Drawing especially but not exclusively from Christopher v. […]

Complying with Law: Conference Today at Loyola Chicago

by Christopher J. Walker — Friday, Sept. 23, 2016@chris_j_walker

Today the Center for Compliance Studies at Loyola University Chicago School of Law is hosting a terrific conference entitled Complying with Law. Here’s the description from the conference website: The Loyola University Chicago Journal of Regulatory Compliance will host a one-day symposium to launch its inaugural issue and the establishment of the Center for Compliance Studies. […]