Over at Jotwell, Kathryn Watts reviews my co-blogger Nick Bagley’s latest article, Remedial Restraint in Administrative Law, which is forthcoming in the Columbia Law Review. We need more scholarly discussion on remedies in administrative law — Sam Bray’s new paper on nationwide injunctions comes immediately to mind — and Professor Watts’s review and Nick’s article are terrific […]
Last year was a terrific one for administrative law scholarship! Here is the December 2016 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. Changing Climate Change, 2009-2016: A Preliminary Report by Cass R. Sunstein [CJW Note: This is Professor […]
In PHH v. CFPB, the D.C. Circuit last October held unconstitutional Congress’s decision via the Dodd-Frank Wall Street Reform and Consumer Protection Act to limit the grounds upon which a president could dismiss the director of the Consumer Finance Protection Bureau. Whether or not that ruling survives, Professors Aditya Bamzai and John F. Duffy have […]
Three years ago, and without notice, data about patients with substance use disorders began to disappear from Medicare and Medicaid files widely used in health services research. Because researchers had been afforded access to those data for decades, the change was mystifying. Austin Frakt raised an alarm, and he and I began to look into […]
According to Vice-President-elect Pence, “We’re working now on a series of executive orders that will enable that orderly transition to take place even as Congress appropriately debates alternatives to and replacements for ObamaCare.” This talk about using executive orders to assure an “orderly transition” is a bit confusing. An E.O. has legal force “only if […]
I received an email this morning from a friend observing that “it’s like the D.C. Circuit is actively trying to undermine your column by never issuing any opinions!” Perhaps. We are two weeks into 2017 and the D.C. Circuit has said nothing.* What should I do? Take the week off I suppose. That said, here […]
On Wednesday, President-Elect Donald Trump, through his legal advisors, presented his plan to address potential conflicts of interests created by his continued ownership in the Trump Organization. As part of his plan, the President (referred to this way for ease of exposition) has promised to transfer profits derived some foreign government transactions to the United […]
Yesterday Ron Cass, Chris DeMuth, and I filed an amicus brief in Gloucester County School Board v. G.G. — the Supreme Court case that considers the U.S. Department of Education’s interpretation of Title IX with respect transgender students and access to bathrooms in public schools. We do not weigh in on the merits of the statutory […]
There’s been a lot of talk about the executive actions that President Trump might take to reshape the Affordable Care Act. Here’s one I haven’t heard discussed: undoing the Hill fix. Prior to the ACA, members of Congress and their staffers got health coverage through their jobs, just like most Americans. But Congress wanted to […]
As one part of a statute officially entitled the “Dodd-Frank Wall Street Reform and Consumer Protection Act,” Congress in 2009 established the Consumer Financial Protection Bureau (CFPB) as “an Executive agency” headed by a Director removable from office by the President “for inefficiency, neglect of duty, or malfeasance in office.” Rumor now has it that […]
As part of our online symposium on the ABA Section of Administrative Law and Regulatory Practice 2016 Report to the President-Elect, Adam White had a great post about the ABA AdLaw Section’s recommendation on the importance of retrospective review. Yesterday, Shaun Donovan, the director of the Obama Administration’s Office of Management and Budget, posted his Exit Memo. […]
Last week I highlighted a number of adlaw-related panels at this week’s AALS Annual Meeting here in San Francisco. So far it’s been a terrific conference. For administrative law scholars who are here, I wanted to do a quick reminder post that the AALS Administrative Law Section’s main panel is today at 1:30PM (in Golden Gate […]
Last week I wrote a special edition of D.C. Circuit Review – Reviewed dedicated to the Tenth Circuit’s Appointments Clause decision. This week, the D.C. Circuit issued no opinions. So I’ve decided to again look beyond the D.C. Circuit to see what else is happening in the wide, wide world of administrative law. It turns […]
As Aaron Nielson discussed last week, the Tenth Circuit held that the SEC’s ALJs were “inferior officers” and, as such, were not appointed correctly under the Constitution’s Appointments Clause. The SEC Commissioners improperly delegated the appointment to other SEC officials. The Commissioners, as “Heads of Departments,” can easily cure the defect by appointing the ALJs […]
This post is intended to update you on a new Administrative Conference recommendation and to ask for your assistance in expanding the research underlying that recommendation. At the December plenary session, ACUS adopted Recommendation 2016-4, “Evidentiary Hearings Not Required By The Administrative Procedure Act.” The underlying premise of Rec. 2016-4 is that there are three […]