Notice & Comment

Notice & Comment

Notice & Comment

The Constitutionality of the Trump Organization’s Illegal (?) Chinese Trademark

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 […]

Notice & Comment

Due Process Sleight of Hand, by Jill E. Family

[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 […]

Notice & Comment

Why the federal government must take the lead on reform.

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 […]

Notice & Comment

Who are “Officers of the United States”?

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 […]

Notice & Comment

Federalism and the End of Obamacare

That’s the title of my new essay, which the Yale Law Journal Forum has published in draft form. Here’s the abstract. Federalism has become a watchword in the acrimonious debate over a possible replacement for the Affordable Care Act (ACA). Missing from that debate, however, is a theoretically grounded and empirically informed understanding of how […]

Notice & Comment

Disrupting Immigration Sovereignty, by Jill E. Family

It is time to rethink legal and popular notions of immigration sovereignty. In the 19th Century, the Supreme Court depicted immigration as a threat to national sovereignty. It did so to support its conclusion that the political branches (Congress and the President) had extra-constitutional power over certain aspects of immigration law. In explaining why the […]

Notice & Comment

Can Congress Get President Trump’s Tax Returns?

During the 2016 election, Donald Trump became the first major Presidential candidate in recent history to withhold his tax returns, citing ongoing IRS audits. After taking office, President Trump has said that he will continue to keep his tax returns secret. He believes that only the media, and not the voters, care about them.  In a recent […]

Notice & Comment

A congressional inquiry into orphan drugs

In response to a scathing report by Kaiser Health News, Senator Charles Grassley has announced an inquiry into the exorbitant prices for orphan drugs. Now seems like a good time to highlight my series, published at The Incidental Economist, on how to think straight about orphan drugs: Background on orphan drugs and the Orphan Drug […]

Notice & Comment

Surly Subgroup Mini-Symposium on The Future of Tax Administration and Enforcement

Over at The Surly Subgroup blog, Leandra Lederman just wrapped up hosting a terrific mini-symposium entitled The Future of Tax Administration and Enforcement. This online symposium grew out of an in-person discussion group at the 2017 Annual Meeting of the American Association of Law Schools last month. Professor Lederman has some concluding thoughts here, and my […]