[6/28/2017 Update: When the travel ban is heard in the Supreme Court’s October 2017 term, the core issue will be the President’s leadership of the executive branch, an issue mired in administrative law as much as immigration and Constitutional law.] Recent events paint a portrait of what President Trump is like as a boss. It […]
When the Volkswagen diesel emissions scandal erupted recently—resulting in a precipitous drop in the company’s stock price, the resignation of its CEO, a $14.7 billion judgment against the company, and extensive environmental harm—we were reminded of an eerily similar environmental scandal from about 20 years ago. In 1998, the US Environmental Protection Agency (EPA) brought […]
In 2012, the New York Stock Exchange changed its policies to prevent brokers from voting uninstructed shares on corporate governance proposals. Although the change was intended to protect investors and improve corporate governance, it has had the opposite effect: a significant number of U.S. public companies are no longer able to amend important parts of […]
Cross Posted on Objective Intent. Budget documents released by the White House and FDA in May suggest the Administration intends to restructure medical product user fees, so that a greater percentage of the agency’s work is fully user fee funded. The Secretary’s May 15 letter, explaining the President’s earlier Budget Blueprint, suggests the goal is […]
How many steps does Chevron really have? The Supreme Court says two (well, usually it says two; for a time it said one, but of late the Court has been saying two again). Two prominent law professors say Chevron only has one step; sure, they are wrong — 😉 — but they’ve said it.* Some […]
Last July Kent Barnett and I posted a draft of the first paper from our years-long coding project of every publish circuit court decision over an eleven-year period that dealt with Chevron deference. That paper is forthcoming in the Michigan Law Review later this year. I blogged about it here, and Dick Pierce reviewed it over […]
Here is the call-for-papers information for this terrific annual workshop at the AALS 2018 Annual Meeting: The AALS Section on Legislation & Law of the Political Process is pleased to announce that it will host a “New Voices in Legislation” program during the 2018 AALS Annual Meeting in San Diego, CA. This works-in-progress program will […]
On Friday, June 23, Stanford University’s Hoover Institution will host a public conference in Washington, DC, for discussion of new scholarship on regulation and administrative law. It is the latest event convened by the Hoover Institution’s “Regulation and the Rule of Law Initiative,” which was founded by Michael McConnell, Charles Calomiris, and the late Allan Meltzer, to […]
Over at PrawfsBlawg today, I added the following contribution to its month-long SCOTUS Symposium: This morning the Supreme Court granted review in just one case, and limited its review to one question (three were presented in the petition): Oil States Energy Services LLC v. Greene’s Energy Group, LLC. It’s yet another patent law case from the Federal […]
(Cross posted from Objective Intent) This post is one of several this summer that will focus on the pending FDA user fee reauthorization legislation. It starts with a basic introduction: what is “user fee reauthorization,” and why must it pass? The short version: this summer we are talking about FDA’s medical product user fee legislation, […]
This past Wednesday the U.S. Senate Committee on Homeland Security and Governmental Affairs held a hearing for three nominees including Professor Neomi Rao of George Mason’s Antonin Scalia Law School. As this blog has reported, Rao is the nominee to be Administrator of the Office of Information and Regulatory Affairs (OIRA) within the Office of Management […]
The day after President Trump announced the United States’ withdrawal from the Paris climate agreement, the governors of New York, California, and Washington voiced their dissent by forming the “United States Climate Alliance.” This coalition asks individual states to remain committed to the main tenets of the Paris accord, including reducing greenhouse gas emissions by […]
Here is the May 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. Abuse of Power: The CFPB and Ocwen Financial Corp by Richard Christopher Whalen [CJW Note: The author does not seem to be a very big fan […]
On Friday, 6/9/17, the U.S. Department of Justice filed its brief in CREW v. Trump, in which the plaintiffs allege that the President has violated Constitution’s Foreign and Domestic Emoluments Clauses through his continued ownership in Trump Organization entities. I’m sure I’ll have more to say on the case as it progresses, but here are […]
In their opening remarks at the March 3, 2017 roundtable, Carolyn Wilkins of the Bank of Canada and Andrew Hauser of the Bank of England described the efforts undertaken by their organizations to understand the capabilities and limitations of distributed ledger technology. Both central banks examined the potential use of distributed ledger technology in large-value […]