Legal Historians Weigh in on the Nationwide Injunction Debate

by Christopher J. Walker — Tuesday, Nov. 20, 2018@chris_j_walker

As regular readers of the blog know, a number of us are very interested in the propriety of nationwide injunctions to enjoin federal agency actions. I’ve blogged a bit about Sam Bray’s APA argument and the new legislation that would limit nationwide injunctions. Nick Bagley has joined Bray in arguing that federal courts should not […]

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Quick Reaction to Bray’s Argument that the APA Does Not Support Nationwide Injunctions

by Christopher J. Walker — Tuesday, May 8, 2018@chris_j_walker

Over at the Volokh Conspiracy, Sam Bray has this fascinating and timely post on why the Administrative Procedure Act (APA) does not allow for nationwide injunctions: Sometimes the question is asked whether the Administrative Procedure Act authorizes courts to give national injunctions, because it says that a “reviewing court shall . . . hold unlawful and […]

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Judges Shouldn’t Have the Power to Halt Laws Nationwide

by Nicholas Bagley — Wednesday, Oct. 31, 2018

That’s the headline to an article of mine, co-authored with Sam Bray of Notre Dame Law School and published today in The Atlantic. We highlight the disquieting possibility that a single district court in Texas might soon enter an injunction prohibiting the enforcement of all or part of the Affordable Care Act across the entire […]

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Interpreting Injunctions

by Andrew Hessick — Wednesday, Mar. 14, 2018@andyhessick

Since Attorney General Sessions delivered his speech last week at the Federalist Society’s National Student Convention, there has been a lot of talk about nationwide injunctions—injunctions that prohibit the government from enforcing a law against anyone, as opposed to only against a particular plaintiff. While many people have talked about granting these injunctions, one thing that I […]

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Ninth Circuit Review-Reviewed: Kisor’s Coming Out Party, by William Yeatman

by Guest Blogger — Monday, Sept. 9, 2019

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to last month’s cases. Unanimous Panel Puts Ninth Circuit’s Stamp on Kisor v Wilkie Administrative law doctrines develop in lower courts within the boundaries set from above by the Supreme […]

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Save the Date: 2019 ABA Administrative Law Conference, Nov. 14-15, 2019

by Christopher J. Walker — Sunday, June 23, 2019@chris_j_walker

2019 Administrative Law Conference November 14-15 | Washington Convention Center | Washington, DC We are excited to announce that the 2019 Administrative Law Conference is now open for registration! This year’s conference features 20 panels providing in-depth analysis of current administrative law and practice, with insights gleaned from faculty who are leaders in government, academia […]

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The Procedure Fetish

by Nicholas Bagley — Thursday, Mar. 7, 2019

That’s the title of a new article of mine, slated for publication in the Michigan Law Review. It’s more polemical than most of my work, and it aims to disrupt some of the tidy stories that organize modern administrative law. Although I hope it finds an audience across the political spectrum, its primary target is […]

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Administrative Law SSRN Reading List, December 2018 Edition

by Christopher J. Walker — Friday, Jan. 25, 2019@chris_j_walker

This year has been a terrific one for new administrative law scholarship, and I’m looking forward to drafts of new papers being posted to SSRN in the coming weeks and months as the spring law review submission cycle begins. But here is the final 2018 edition — the December 2018 Edition — of the most-downloaded […]

Jotwell Administrative Law Section Year-End Review

by Christopher J. Walker — Tuesday, Dec. 18, 2018@chris_j_walker

As I first noted on the blog four years ago, the Administrative Law Section of Jotwell—The Journal of Things We Like (Lots)—is a terrific resource for administrative law practitioners and scholars. Jotwell’s Administrative Law Section publishes monthly a short review of a current piece of administrative law scholarship, usually authored by one of our terrific contributing editors who are all […]

Ninth Circuit Review-Reviewed: Inaugural Edition, by William Yeatman

by Guest Blogger — Sunday, Dec. 9, 2018

In a recent post, Prof. Aaron Nielson noted that Notice & Comment once considered starting a “D.C. Circuit Review–Reviewed-style column for the Ninth Circuit.” This sounded like a great idea to me, so I reached out to the editors and volunteered for the part. Henceforth, on the 9th of every month, I’ll report on the […]

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