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Notice & Comment

Notice & Comment

Notice & Comment

Spring Meeting Dates on Marketable Permits (ACUS Update)

The Administrative Conference has announced new committee meeting dates for another of its spring projects, all of which I recently previewed.  The new dates are as follows: The Committee on Regulation will meet to discuss the Marketable Permits project on Tuesday, March 28 at 2 pm and Thursday, April 13 at 2 pm. Please also note that the […]

Notice & Comment

Judicial Review Encourages Better Economic Analysis at the SEC, by Jerry Ellig

One of the most controversial aspects of comprehensive regulatory reform is the potential role of courts in reviewing agencies’ Regulatory Impact Analysis or other similar economic analysis that informs regulatory decisions. The Securities and Exchange Commission provides a useful case study on the effects of such judicial review. The commission’s chief economist and general counsel […]

Notice & Comment

Klonick on the New Governors of Online Speech (AdLaw Bridge Series)

Kate Klonick has a fascinating new article forthcoming in the Harvard Law Review examining how private online platforms, including Facebook, Twitter, and YouTube, regulate user speech.  Entitled The New Governors: The People, Rules, and Processes Governing Online Speech, the article is an important contribution to the understanding of how private entities regulate conduct and enforce public law norms […]

Notice & Comment

New Spring Meeting Dates Announced (ACUS Update)

The Administrative Conference has announced new committee meeting dates for one of its spring projects, which I recently previewed.  The new dates are as follows: The Committee on Rulemaking will meet to discuss the Negotiated Rulemaking project on Thursday, March 23 at 9:30 am and Thursday, April 13 at 9:30 am. If you would like […]

Notice & Comment

Gorsuch’s Tech Law Record Raises Concerns, by Mark Grabowski

Editor’s Note: Professor Grabowski has written a longer essay on this piece in the Yale Journal on Regulation Bulletin. You can access it here! Cell phone privacy, network neutrality and encryption are some of the many tech-related issues that Neil Gorsuch could rule on if he’s successfully appointed to the U.S. Supreme Court. Gorsuch “needs to get tech,” writes Wired‘s Issie […]

Notice & Comment

Spring 2017 Projects (ACUS Update)

The Administrative Conference of the United States will soon begin spring committee meetings on a slate of projects targeted for completion at the 67th annual plenary session, to be held in June.  These projects include: (1) Adjudication Materials on Agency Websites; (2) Negotiated Rulemaking; (3) Electronic Case Management in Federal Administrative Adjudication; and (4) Marketable […]

Notice & Comment

The CBO-CBA Analogy, or What Wonks Could Learn from Each Other

The Congressional Budget Office (CBO) recently released its long-awaited report on the likely budgetary effects of the American Health Care Act. The legislative counterpart to the White House’s Office of Management and Budget, CBO estimates how federal spending and revenues would change as a result of proposed legislative bills. The resulting Republican talking points were […]

Notice & Comment

A new law blog: Take Care

Today marks the launch of Take Care, a blog “devoted to insightful, accessible, and timely legal analysis of the President’s adherence to [his] duty” to take care that the laws are faithfully executed. For those worried about the rule of law in an Age of Trump (or indeed in any age), the Take Care Blog will be […]

Notice & Comment

Faith in the Ninth Circuit

The Ninth Circuit’s decision to deny en banc review in Washington v. Trump was not, of course, the biggest development yesterday in litigation related to the President’s executive orders restricting entry from seven six overwhelmingly Muslim countries. But the Ninth Circuit’s denial of reconsideration—and, more specifically, Judge Bybee’s dissent from the denial—is worthy of attention […]

Notice & Comment

Due Process Waivers in Immigration Law

The Trump Administration’s immigration law policies are shining new light on the due process gaps in immigration law. In addition to the due process issues raised by his travel ban, President Trump’s new policies on expedited removal raise legal questions about the absence of process in immigration law. There is another due process gap that […]

Notice & Comment

How Secretary Price Could Get His CBO Estimate of All Three Prongs of Republican Health Care Reform, by Sam Wice

The Congressional Budget Office (CBO) would likely be able to alleviate Secretary Price’s concerns about the recent CBO of the American Health Care Act if Republicans produced their comprehensive proposal for reforming Obamacare. In Monday’s CBO estimate of the American Health Care Act, CBO estimated that 24 million Americans would have health insurance and premiums […]

Notice & Comment

The Structure of Regulatory Revolutions

Today the most important book in administrative law is one that was written a half-century ago—but not by Kenneth Culp Davis, or Walter Gellhorn, or James Landis, or the other legends of administrative law. The author was a scientist, Thomas S. Kuhn, and the book is The Structure of Scientific Revolutions. Everyone interested in administrative […]