D.C. Circuit Review – Reviewed: Year Six?
* It’s been a good run. If you’re interested, here is the complete list of posts:
August 2015:
September 2015:
The Second Most Important Court?
The Future of Administrative Law?
Chief Justice Roberts and Administrative Law
October 2015:
Confessions (Pedagogy Edition)
Out with the Old (and In With the Older?)
November 2015:
Why Regulation is a Dirty Word
Of Dogs and Lions, Heads and Tails
Clerking, D.C. Circuit Edition
December 2016:
The Fall of Constantinople (Or Why Mistakes Matter—Sometimes)
January 2016:
“The RICO Racket” (Or More on the Divide Between Judges and Scholars)
February 2016:
March 2016:
Culture Rot … Or “The Dusty SCOTUS Pop-Culture References of Yore”
“An extraordinary number of people, institutions, and inanimate objects have wronged Tyrone Hurt ….”
Brooding Spirits, C.J. Garland Edition
More Brooding Spirits, C.J. Garland Edition
April 2016:
“Never, Never—NEVER—Wake a Sleeping Tiger”
Skiing, Snowboarding, and State Action
May 2016:
Last Thoughts (For Now) on “Company A”
The Dissents that Matter Most to Chief Judge Garland
The Honorable Wilson Warlick (1892-1978)
No Net Neutrality … and the Dangers of “Moreover”
June 2016:
Why There Will Never Be Another LeBron James
July 2016:
Why does the Supreme Court’s Term End in June?
The Mystery of Coburn v. Murphy
The Frank Easterbrook Edition Redux
August 2016:
More Dissent (Plus Advice For Law Reviews)
September 2016:
“‘Code Red’ Is Just a Term We Use Down at Gitmo.”
A Walk in the Wide, Wide World
Welcome to (Upton Sinclair’s*) The Jungle
October 2016:
A Primer on Today’s CFPB Decision
Tuesdays and Fridays (and Thursdays?)
November 2016:
Justice Clarence Thomas’s Top 25 Oral Arguments
“The Most Important Separation-of-Powers Case in a Generation”
December 2016:
Where Are All The “Administrative” Appeals?
January 2017:
“It’s Like the D.C. Circuit is Actively Trying to Undermine Your Column”
“The U.S. Court of Appeals for the D.C. Circuit will be closed on … January 20, 2017”
February 2017:
“So Absurd That It Hardly Requires a Response”
Breaking News (From About Three Weeks Ago)
March 2017:
“Breyer, Alito, and Their Pals”
Judge Neil Gorsuch, D.C. Circuit Judge
April 2017:
Notice & Comment Blogger to OIRA Administrator
May 2017:
A Small Thought About the Chief Judge of the D.C. Circuit
A Smaller Thought About the Chief Judge of the D.C. Circuit
En Banc Oral Argument (Part I)
June 2017:
En Banc Oral Argument (Part II)
A Nice, Boring Week (Thank Goodness!)
July 2017:
Breaking News about Methane Gas
The Dissents of Judge Janice Rogers Brown
August 2017:
Who Says August is a Quiet Month?
Unsolicited Advice to 2Ls and 3Ls
September 2017:
The Concurrences of Judge Janice Rogers Brown
District of Columbia Circuit Court of Appeals
October 2017:
“Substantially For the Reasons Set Forth ….”
November 2017:
“How to Effectively Ensure Power is Not Abused?”
“I vote for Chenery I, not Chenery II”
December 2017:
20 Thoughts for a Cold December Day
Christmas in the D.C. Circuit — Again
January 2018:
“The judgment of the D.C. Circuit is therefore reversed ….”
The I-Don’t-Have-Time-To-Read-It-All Version of PHH Corp. v. CFPB
February 2018:
Five Years After the Death of the Clerkship Plan
March 2018:
Can Hodge v. Talkin Be Distinguished?
“That’s Why Pencils Have Erasers”
Can You Guess the Mystery Judge?
April 2018:
“Why Congress Matters: The Collective Congress in the Structural Constitution”
May 2018:
Maybe Don’t Follow Me on Twitter
A Small Courtesy (And a Few Miscellaneous Thoughts)
“Whole of New Deal Program in Confusion”
June 2018:
Ten Small Thoughts About Lucia
A Special Judge Kavanaugh Edition (Co-Authored by Jenn Mascott)
Some Friendly Advice for Rising 2Ls … or Why Procedure Matters
July 2018:
Under No Circumstances Should President Trump Nominate *This Judge* to the Supreme Court
Brooding Spirits, Judge Kavanaugh Edition
Justice Brett Kavanaugh? Some Preliminary Thoughts
A New Thought on the In-Line Versus Footnote Citation Debate
August 2018:
Why I Fear the D.C. Circuit’s Approach to Clerkship Hiring is Misguided
September 2018:
The Supreme (Administrative Law) Court
Hon. David B. Sentelle, The First Interview
October 2018:
Judge Buckley Makes an Appearance!
November 2018:
Judge Griffith’s Visit to Utah
Notice & Comment Blogger to OIRA Administrator to D.C. Circuit Judge!
A Potential Student Note (or Three)
December 2018:
Christmas in the D.C. Circuit — One More Time
Browning-Ferris, One More Time (For Now?)
January 2019:
The Use of Philosophers by the D.C. Circuit
February 2019:
“Appointed by the Court” Part II
“Changes in Administrative Law in the Courts”
Notice & Comment Blogger to Deputy Attorney General
March 2019:
“Vincent Gambini Taught a Master Class in Cross-Examination.”
April 2019:
An Entire Semester of Admin Law?
May 2019:
June 2019:
What’s the Most Common Caption?
July 2019:
On Second (and Third and Fourth) Clerkships
August 2019:
“Opinion for the Court filed by Circuit Judge Rao”
More Evidence of a Collegial-ish Court
September 2019:
Come One, Come All to a Battle Royale
October 2019:
Pretext and the Separation of Powers
November 2019:
Our (Relatively) Uncontroversial Appointments Clause
LeBron James and Lawrence VanDyke
This Week’s *Other* Nondelegation Case
December 2019:
73 Years of APA Evolution (In One Chart)
Christmas in the D.C. Circuit, 2019 Edition
January 2020:
Was National Petroleum Refiners Association v. FTC Correctly Decided?
“We [Sometimes?] Begin With The Language Of The Statute.”
February 2020:
The Presidential Medal of Freedom
Sticky Regulations and N̶e̶t̶ ̶N̶e̶u̶t̶r̶a̶l̶i̶t̶y̶ Restoring Internet Freedom
March 2020:
The Dissents of Judge Thomas Griffith
“One of the Most Difficult Issues that Could Confront a Decisionmaker”
“The New Separation of Powers in the Age of Coronavirus”
April 2020:
Judges Ken Starr and Justin Walker
May 2020:
June 2020:
Justice Kavanaugh’s Old Stomping Grounds
A Day Without Administrative Law
July 2020:
A Bad Week for the D.C. Circuit
A Bad Week for the DDC and the D.C. Circuit
“The Nine Most Terrifying Words in the English language are …”
August 2020:
Why Not Another Round of the * Game?
Going forward, I won’t post every week. I’ll review big or interesting cases. And I’m sure I’ll still read all of them; habits are hard to break.
Thanks everyone who helped me write these posts — especially the good folks in the BYU Library and my many, many research assistants (I’m still trying to compile the full list). For what is worth, re-reading my posts, I cringed at a few, still liked others, and forgot a lot of them. On the whole, though, not a bad way to spend every Friday for five years!
D.C. Circuit Review – Reviewed is designed to help you keep track of the nation’s “second most important court” in just five minutes a week.