The D. C. Circuit handed down only one opinion this past week. On Tuesday, the court issued its opinion in Samark Lopez Bello v. Andrea Gacki, No. 23-5036, written by Judge Henderson and joined by Chief Judge Srinivasan and Senior Judge Randolph. The court affirmed a decision of the Office of Foreign Assets Control (OFAC), a part […]
It looks like articles from the Spring 2024 law review submissions cycle are just starting to make it onto the list, and I’m excited to see what more appears in the coming months. Here is the February 2024 Edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law eJournal, […]
Gun rights’ advocates often quip “The Second Amendment protects the other nine.” Now, the National Rifle Association is hoping in two separate, but related cases that the First Amendment will protect it from what it claims is the State of New York’s unlawful regulatory and administrative enforcement. On March 18 the Supreme Court will hear NRA […]
It is widely believed that social media is, at least in part, responsible for the deteriorating mental health of America’s adolescents and teens. Politicians have taken notice, and in an election season they are keen to score points with voters back home. Yet, succumbing to the pressure to do something by November risks ill-formed legislation. Such is the […]
The SEC Chair has stated that in his view, the “vast majority” of cryptoassets are securities, meaning that these products—and market participants—are subject to the federal securities laws and SEC rules.[1] This poses a conundrum: Compliance with aspects of the securities laws and existing SEC rules is not attainable for cryptoasset securities,[2] absent further regulatory or […]
The D.C. Circuit decided one administrative law appeal last week.* In American Forest Resource Council v. Williams, AFRC challenged two rules postponing the effective date of a U.S. Fish and Wildlife Service rule that would have reduced the amount of land designated as critical habitat for an endangered species of spotted owl. The Service published […]
The following is a list of the Administrative Law topics in pending and decided cases so far in the Supreme Court’s October 2023 Term. I made this list for the admin law class I teach this spring at the University of Illinois Chicago because students expressed strong interest in class topics currently at the Court, […]
There is much hubbub over the major questions doctrine. For good reason. The Supreme Court has lately invoked the doctrine to invalidate sweeping regulatory initiatives, such as the EPA’s Clean Power Plan, OSHA’s workplace vaccine mandate, and the CDC’s eviction moratorium. There is now a cottage industry of law reviews trying to make sense of […]
Reposting with updated deadline of Monday, March 11! The University of Notre Dame is pleased to host the 9th Annual Administrative Law New Scholarship Roundtable on June 25-26, 2024. For the past eight years, the Roundtable has offered administrative law scholars an excellent opportunity to get feedback on their work from distinguished scholars in a […]
Today’s Ad Law Reading Room entry is “Governing by Assignment,” by Isaac Cui, Daniel E. Ho, Olivia Martin, and Anne Joseph O’Connell, which is forthcoming in the University of Pennsylvania Law Review. Here is the abstract: A pillar of administrative law is expertise, but government is increasingly missing experts. The U.S. federal government faces a […]
Most legal entities, like corporations, have officers and directors who, together, run the business. Directors sit on the board of directors and collectively govern and oversee the entity. In contrast, officers generally implement the board’s vision and manage the day-to-day operations of the business. While there is widespread agreement that the roles and responsibilities of officers and […]
It’s great that 2024 is leap year, so that I can still get the January edition of this series up before February ends. Here is the January 2024 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. For more on why SSRN […]
Our recent Essay in the Wisconsin Law Review Forward explores the question, what do multiple versions of the major questions doctrine mean for the future of legislation? We observe that, after West Virginia v. EPA, 597 U.S. 697 (2022) and Biden v. Nebraska, 143 S.Ct. 2355 (2023), we now have three versions of the major questions doctrines: The “clear […]
As a reminder, the deadline to submit an abstract for the 9th Annual Administrative Law New Scholarship Roundtable is TOMORROW, Friday, March 1 [UPDATE: the deadline has been extended to Monday, March 11]. The call for papers is reprinted below: ____ The University of Notre Dame is pleased to host the 9th Annual Administrative Law […]
An essay by John McGinnis, “The Rise and Fall of Chevron,” recently caught my eye. McGinnis, now a professor at Northwestern, writes that as a summer legal intern he assisted Deputy Solicitor General Paul Bator in writing the government’s brief in Chevron U.S.A. v. Natural Resources Defense Council back in 1983. Though we’ve never met, I felt a […]