Alec Anthony Webley has an interesting article, Seeing through a Preamble, Darkly: Administrative Verbosity in an Age of Populism and ‘Fake News’, forthcoming in the Administrative Law Review. The article argues that the purpose of the APA’s requirement that agencies provide a “concise general statement of [a rule’s] basis and purpose” is defeated by the length […]
I was on Twitter yesterday* and ran across a familiar clarification in a tweet about the District of Columbia Court of Appeals: Note that this is D.C.’s equivalent of a state supreme court– it’s *not* the federal D.C. circuit. — Orin Kerr (@OrinKerr) September 21, 2017 Which was followed by this tweet: D.C. Cir.’s recorded […]
In Grand Canyon Trust v. Energy Fuels Resources (U.S.A.) Inc., Judge Waddoups of the U.S. District Court for the District of Utah concluded that a state agency is entitled to “some deference” as to an interpretation by the Utah Department of Air Quality (DAQ) of the Clean Air Act and its implementing regulations. Here’s the key part […]
A lot of Supreme Court cases involve the meaning of Article III. Most of those cases address whether the Article III courts have jurisdiction over a particular claim. But a handful of the Article III cases focuses on the converse question—whether a tribunal outside of Article III can adjudicate a claim. Article III “vest[s]” the […]
This annual adlaw paper competition by the American Constitution Society always picks a great winner (list of prior winners here), which should come as no surprise based on the amazing group of judges who participate each year. Paper submission deadline is in February, and here are the full details from the ACS’s website: The American […]
Many of us remember seeing the 1982 PBS documentary The Regulators: Our Invisible Government in our administrative law course in law school. C-SPAN has made this instant adlaw classic available for public viewing on its website here. [HT Linda Jellum!] Here’s a summary of the documentary from C-SPAN: The Regulators The Regulators: Our Invisible Government is a 1982 […]
We have a terrific program on the Hill at the end of this month in developments on federal administrative adjudication. It will take place on September 29, 2017, from 9am to noon at the Dirksen Senate Office Building Room 562 [note room change] (located northeast of the Capitol on a site bounded by Constitution Avenue, […]
Republicans have tried to use the reconciliation process to change/repeal the Affordable Care Act (Obamacare). Despite voting on several proposals, Republicans have not been able to get 50 votes to pass any legislation under reconciliation. The Senate parliamentarian recently declared that at the end of the fiscal year, September 30, the reconciliation instructions Republicans could […]
Uniform Law Commission Acts and Projects Part 4 The Study Committee to Amend the Revised Uniform Law on Notarial Acts The Uniform Law Commission (ULC) approved a drafting committee to Amend the Revised Uniform Law on Notarial Acts (RULONA) to authorize remote notarization without geographic limits on the location of the signer and to address […]
I love the U.S. Court of Appeals for the Fifth Circuit. Many years ago I flew to Houston for a clerkship interview with Judge Jerry Smith. I had never been to Houston before; indeed, I may not have ever been to Texas before. When I arrived, I remember worrying about the humidity and the heat. […]
Iowa has submitted a waiver proposal under section 1332 of the Affordable Care Act that, if granted, would radically reshape its individual insurance market; Oklahoma may soon do the same. Both states have been accused of relying on some magical numbers, and Iowa’s waiver appears to violate the ACA’s guardrails, which require states to assure […]
On Friday, September 29, the Hoover Institution and the Antonin Scalia Law School’s Center for the Study of the Administrative State will host a lunchtime panel discussion on circuit court and Supreme Court litigation in the coming Term that may impact the landscape of administrative law. With the advent of Justice Gorsuch to the Supreme […]
The Administrative Conference of the United States will soon begin fall committee meetings on a slate of projects targeted for completion at the 68th annual plenary session, to be held in December. These projects include: (1) Plain Language in Regulatory Drafting; (2) Agency Guidance; (3) Regulatory Waivers and Exemptions; and (4) Regulatory Experimentation. A description (taken […]
Back in April the Georgetown Center for the Constitution and the Institute for Justice organized a terrific conference entitled Challenging Administrative Power. The Georgetown Journal of Law and Public Policy generously agreed to publish the papers presented at the conference, and that conference issue is forthcoming early next year. For my short conference contribution, I decided […]
Fall is here; we know this because the D.C. Circuit did not issue any opinions this week. Because I expected no opinions (this happens every fall!) — and, of course, because of Labor Day — I figured this week would be a good one to evaluate how the NLRB has done so far this year. […]