Last year I blogged about a terrific symposium hosted by the Florida State University College of Law, entitled Environmental Law Without Courts. Florida State’s Journal of Land Use and Environmental Law just published the symposium issue, which includes short essays by the various presenters and shorter reactions by the assigned respondents. My contribution, Lawmaking Within Federal Agencies […]
Federal oversight of the banking industry generally takes place through bank examinations. A bank examination is a confidential, non-public dialogue between a regulator and a bank about the bank’s policies and practices. During this dialogue, bank examiners and banks depend on a federal rule known as the bank examination privilege. However, this rule is beginning […]
Back in November 2015, I criticized a proposed rule about wellness programs that the Equal Employment Opportunity Commission was then considering. The rule would have allowed employers to impose a financial penalty—up to 30 percent of annual premiums—on employees who declined to participate in a wellness program. The trouble was that the Americans with Disabilities […]
Nearly fifty years ago Alan Schmid, a visiting professor working at the Office of the Secretary of the Army, made a game changing announcement to his colleagues in the Systems Analysis Group housed in the Pentagon. Schmid argued that the then use of benefit-cost analysis, which was applied to capital expenditure projects such as dams […]
This is my last week of summer — next week, the 1Ls arrive. I would say my summer vacation is coming to an end but, in fact, it doesn’t feel like I’ve had a vacation at all. Instead, this summer has been full of long days and short nights. (Hopefully, the result of all those […]
A few weeks ago, in those bygone days when Sean Spicer reigned in the White House pressroom and Reince Priebus was White House Chief of Staff, I wrote an op-ed called the Case for Janet Yellen. In it, I explained why Janet Yellen should be her own successor at the Fed, for a variety of […]
If you’re going to be in the DC area on September 29 and are interested in benefit-cost analysis, here’s the event for you! The Administrative Conference of the United States (ACUS), the Society for Benefit-Cost Analysis (SBCA), and the GWU Regulatory Studies Center are co-sponsoring an afternoon of discussion on New Developments in Regulatory Benefit-Cost […]
As I first noted on the blog back three 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. Each month Jotwell’s Administrative Law Section publishes a short review of a current piece of administrative law scholarship, usually authored by one of […]
The conclusion of briefing in Citizens for Responsibility and Ethics in Washington (“CREW”) v. Donald J. Trump, in his official capacity as President of the United States of America, Civ. A. No. 1:17-cv-00458 (Southern District of New York, filed January 23, 2017), the first filed of three Foreign Emoluments Clause cases, is now almost in […]
Lots of great new adlaw scholarship this summer! Here is the July 2017 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. The Politics of Invoking Chevron Deference by Kent H. Barnett, Christina L. Boyd & Christopher J. Walker [CJW Note: This […]
Last week, the president signed the Countering America’s Adversaries Through Sanctions Act. Among other things, the act codifies sanctions against Russia into statutory law and provides that the president must navigate a congressional review process before waiving or terminating those sanctions. In an accompanying signing statement, the president attacked the congressional review provision as unconstitutional, […]
Last month over at Jotwell my colleague Peter Shane published a terrific review of one of my favorite new administrative law articles of the year: Miriam Seifter’s Gubernatorial Administration, which is forthcoming in the Harvard Law Review. Miriam’s article is brilliant, and such an important contribution to the field and a call for more of us […]
This post is self-indulgent; I apologize. This week marks the end of another year of D.C. Circuit Review — Reviewed. My first post was on August 10, 2015. It is now August 11, 2017. Between those two dates, I’ve authored more than 100 posts about the work of the D.C. Circuit. (I don’t think anyone […]
This post by Brian Feinstein and Daniel Hemel is based on the authors’ draft article, Partisan Balance With Bite, which is forthcoming in the Columbia Law Review. President Trump last week nominated two individuals to the Federal Energy Regulatory Commission: Kevin McIntyre and Richard Glick. McIntyre is an unsurprising choice: he is a partner at […]
Each summer the Southeastern Association of Law Schools (SEALS) hosts an amazing conference of law professors (some day I will go!), full of great panels and discussion on hot topics and cutting-edge research in law and policy. This year’s conference was no exception. But this year SEALS added a terrific innovation of providing recaps on many […]