As I predicted in last month’s SSRN post, with the Spring law review submission cycle upon us we’re starting to see some really terrific new papers being posted to SSRN. Here is the February 2017 edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law eJournal, which […]
I don’t know much — or, rather, really anything — about military strategy. And I suspect that is true for a great many judges. Nonetheless, the judiciary often invokes the language of war. Solicitor Generals are addressed as General So-and-So. Judges speak of “soldiering on” and “barrages.” But perhaps my favorite military expression used by […]
If the first blog post by Susan Rose-Ackerman is any indication, the new Admin Law Blog (on comparative administrative law) should be really terrific. From the welcome post: Welcome to the Admin Law Blog! This is a forum for the discussion of ideas and developments of interest to scholars of administrative law across the common law world. It […]
Last March the Missouri Law Review hosted a terrific symposium, organized by Professor Erin Morrow Hawley, entitled A Future Without the Administrative State? (video here). The published issue from the symposium was just posted to the Law Review‘s website. I tweeted out thread of summaries/links to each piece here. Professor Hawley’s introduction is definitely a […]
The gloves have now come off in the battle between President Trump and an increasingly alarmed federal bureaucracy. EPA employees are in the streets. The National Park Service is sending out insubordinate tweets. Intelligence agencies are not just leaking, they’re gushing. Bureaucratic resistance is, of course, not new. But what does seem unprecedented is the […]
Following Nick’s insightful post and in light of both President Trump’s speech this evening as well as House GOP defections from the leaked bill, it’s worth surveying the alternatives to Obamacare GOP legislators have floated so far and what might end up getting stitched together to form the outline of a unifying GOP plan. On […]
The text of a draft bill to repeal and replace Obamacare leaked on Friday. Because the draft hews to principles that Republicans have outlined before, its basic contours aren’t that surprising. As I explained to Greg Sargent at the Washington Post: The emerging GOP replacement would repeal tax hikes on the very rich and, instead, […]
Today the D.C. Circuit applied the Prill doctrine. There are many things about administrative law that I do not know well, but Prill is not one of them. In fact, Daniel Hemel and I are currently working on an article all about Prill (which we dub Chevron Step One-and-a-Half). We’ll publish it later this year. […]
Here’s the nomination information for each of these three awesome administrative law awards from the ABA Section of Administrative Law and Regulatory Practice. From the call for nominations: Nominations for 2017 are open! Visit the Awards page on our website to learn more about requirements and submitting nominations. Award for Scholarship in Administrative Law […]
Over the past week, several sources reported that the Trump Organization finally won its long-running battle to obtain a Chinese trademark. See, e.g., CNN (Feb. 17, 2017). A “squatter” had previously registered the trademark, which related to the use of the Trump name in construction-related businesses. But after years of litigation and administrative petitions, the […]
[2/21 3:10PM Update: The final signed versions of the Kelly guidance memos are available here. The final version of the relevant memo includes the same rationale about immigration court backlogs discussed in this post.] Are these the actual guidance memos? Two guidance memos signed by Secretary of Homeland Security Kelly recently surfaced that appear to […]
The Republican effort to repeal the Affordable Care Act appears to be stalling. If and when it picks up again, the fate of section 7701(o) of the Internal Revenue Code will be far from the most consequential issue at stake. But section 7701(o), the provision added by the ACA that codifies the tax law economic […]
One of the most important cases the D.C. Circuit decided last year was the so-called Amtrak case. As I mentioned last month, the government’s cert petition was due February 6th. No petition, however, was filed. Instead, the United States determined that it would not seek certiorari at all. Accordingly, the panel decision — with its […]
In yesterday’s post on my new draft essay, Federalism and the End of Obamacare, I emphasized the benefits of returning more regulatory authority to the states. Today, I’d like to draw out a different point: the need for the federal government to take the lead when it comes to financing health reform. The states face […]
The D.C. Circuit just granted en banc review in Raymond J. Lucia Companies, Inc. v. SEC. I’ve discussed this case before. In short, the full D.C. Circuit (minus Chief Judge Garland) will decide whether the SEC’s administrative law judges are “employees” or “inferior officers.” If the ALJs are mere employees, then the manner of their […]