Notice & Comment

Notice & Comment

Notice & Comment

In Bipartisan Reform of the APA, Is There “Fertile Ground Here to Actually Get Something Done”?

As Chris noted last night, Senators Portman and Heitkamp introduced legislation to significantly reform and modernize the Administrative Procedure Act of 1946. There is much to be written about this version of the “Regulatory AccountabilityAct,” including its provision for replacing Auer deference with a Skidmore While regulatory reform tends to be construed as a Republican or conservative attack on administrative […]

Notice & Comment

Uniform Law Commission Acts and Projects

Part 1 My name is Brian Lewis and I am Legislative Counsel with the Uniform Law Commission (ULC).  The ULC is a nonprofit entity, formed in 1892, to create nonpartisan state legislation. Commissioners—who are all lawyers—are appointed for a term of service by the individual state governments, the District of Columbia, Puerto Rico, and the […]

Notice & Comment

The Opioid Addiction Prevention Act and the Best Distribution of Regulatory Activity over Illicit and Prescription Opioids

There is substantial evidence that opioid addiction poses a significant threat to individual and public health in the United States.  The CDC reports that the majority of drug overdose deaths (more than six out of ten) involve an opioid.  Since 1999, the number of overdose deaths involving opioids quadrupled. From 2000 to 2015 more than […]

Notice & Comment

FOIA’s Affirmative Publication Obligations and Plaintiff-Focused Injunctive Relief, by Bernard W. Bell

Samuel L. Bray’s forthcoming Harvard Law Review article, Multiple Chancellors: Reforming the National Injunction, argues that federal courts should eschew issuing nation-wide injunctions, no matter the importance of the question litigated or the value of nation-wide uniformity.  He urges adherence to the principle that injunctions against the federal government should be “plaintiff-protective,” providing relief only to […]

Notice & Comment

Emoluments Clause: Ivanka Edition

Ivanka Trump, the daughter of President Trump, recently changed her position in the White House from informal advisor to unpaid government employee. See CNN (Mar. 29, 2017). Through this change, Ivanka, referred to here by her first name to avoid confusion with her father, became officially subject to various statutory ethics rules. Though the relevant […]

Notice & Comment

Feinstein on Congressional Oversight of the Executive Branch (AdLaw Bridge Series)

Political control of administrative agencies is a hot topic these days.  And Brian D. Feinstein has a timely new article, Congress in the Administrative State, forthcoming in the Washington University Law Review that empirically evaluates how Congressional oversight hearings fit into the picture.  Using an original dataset constructed from inspectors general semiannual reports, Government Accountability Office annual “top management challenges” lists, […]

Notice & Comment

Standing for the New Plaintiffs in the CREW case

Back in January, a group of constitutional law scholars (working with Citizens for Responsibility and Ethics in Washington (CREW)) sued President Trump for violating the Emoluments Clause. In a previous post, I explained argued that those scholars did not have Article III standing because they had not alleged a cognizable injury in fact. Today, the […]

Notice & Comment

Was James Comey a Special Prosecutor?, by Thomas A. Barnico

Election losses bring calls for blame, and FBI Director James Comey has led the early returns. Critics continue to charge that the FBI committed errors in its investigation of Hillary Clinton and that those errors contributed to her defeat. The FBI, they argue, outran its legal writ, particularly in its summer release of its recommendation […]

Notice & Comment

Solum on The Case for Originalism

We published a number of blog posts on the Gorsuch Supreme Court confirmation hearing — at least with respect to Judge Gorsuch’s administrative law and separation of powers jurisprudence. In light of that coverage, I thought readers may be interested in a terrific series by Larry Solum, who testified at the confirmation hearing, entitled “The […]