Below are the details from the ABA AdLaw Section. For what it’s worth, my ABA Adjudication Co-Chair (and the ACUS Vice Chair) Matt Wiener and I have helped organize two great panels on agency adjudication — one on recent developments related to the constitutionality of administrative law judges and the other on agency adjudication outside […]
I’ve written about the relatively new problem of chronic Fed vacancies before (see here), but we’re setting new records. With the just-announced resignation of Vice Chair Stanley Fischer 18 months before his leadership term expired, we face another potential milestone: the first time in the Fed’s history that we have only three sitting Governors. I’ll […]
Last month was a particularly good one for administrative law scholarship on SSRN, with a number of great new papers from the “who’s who” and “risings stars” in the field. Unfortunately I lack the bandwidth this month to comment on each piece. But here is the August 2017 edition of the most-downloaded recent papers (those […]
President Trump is expected to announce today that his administration will end the Deferred Action for Childhood Arrivals (DACA) program, which allows undocumented immigrants who arrived in the United States before their 16th birthday to obtain work permits and certain other federal benefits. DACA beneficiaries, commonly known as “Dreamers,” are likely to challenge Trump’s decision […]
Loyola Chicago has a terrific Center for Compliance Studies, which is directed by Ryan Meade. Last year I participated in the Center’s first annual symposium “Complying with Law: An Interdisciplinary Dialogue.” I’m fascinated by the field of compliance, and the role of lawyers — and administrative law — in it. Last year’s symposium was a terrific opportunity […]
Cross-posted on Objective Intent. On August 18, the President signed the Food and Drug Administration Reauthorization Act of 2017 (FDARA), which reauthorized FDA to collect user fees in connection with new drugs, biologics, and medical devices for human use. These user fee programs are colloquially known as PDUFA (innovator drugs and biologics), GDUFA (generic drugs), BsUFA […]
The White House has just announced a slate of new nominations, including a new ACUS Chairman. From the press release: Jonathan F. Mitchell of Washington to be Chairman of the Administrative Conference of the United States for a term of 5 years. Mr. Mitchell most recently served as a Visiting Professor of Law at Stanford Law […]
On Thursday, September 7, I’ll moderate a free teleconference for the ABA Admin Law Section. Register here. It should be an interesting discussion about a timely issue: the Congressional Review Act and stays of rules. Here is the info: Revisiting Yesterday’s Rules: The Congressional Review Act, Agency Stays, and Beyond Both Congress and federal agencies […]
Judge Janice Rogers Brown has now retired from the D.C. Circuit. And how did she begin her final judicial opinion? “Every four years, we suffer through the celebration of democracy (and national nightmare) that is a presidential election.” I clerked for Judge Brown. She has always been kind to me and my family. And I […]
The AALS New Voices in Administrative Law is a terrific program, and the AdLaw Section has issued its annual call for participants for the 2018 AALS Annual Meeting (this year in San Diego!). Here are the details, from Lou Virelli, the Chair-Elect of the AALS AdLaw Section: The AALS Administrative Law Section is pleased to […]
The American Bar Association’s 12th Annual Homeland Security Law Institute (HSLI) will be held this year at George Washington University in Washington, D.C., on September 25-27, 2017. This three-day event is one of the largest gatherings of homeland security lawyers and policymakers in the United States. The Institute is an annual look at the state of […]
In the latest issue of the Administrative & Regulatory Law News, outgoing ABA AdLaw Section Chair Renee Landers has call for administrative law practitioners and scholars to join the ABA AdLaw Section. With permission, I’m posting her Chair’s Comment here. I want to echo Renee’s call that you consider joining the ABA AdLaw Section, which […]
School will soon start again. Our 1Ls started orientation this week and our upper-level students start classes again on Monday. This week thus seems like a good one to offer unsolicited advice — especially because the D.C. Circuit only decided one case this week (which number, more or less, is what I predicted). Here we […]
In June, the D.C. Circuit vacated part of an FCC order regulating inmate phone rates. The majority opinion focused on the FCC’s statutory jurisdiction over intra-state phone provision. But as Aaron Nielson noted on this blog, administrative law watchers may be interested in the opinion for its odd treatment of Chevron deference. As I suggest […]
Future Congressional Budget Office (CBO) estimates of healthcare legislation, even identical legislation to what CBO has already reviewed, may be vastly different because of the peculiarities of the reconciliation process. Despite the recent failure of healthcare legislation, President Trump has advocated for Republicans to pass a healthcare bill to replace the Affordable Care Act. However, […]