A presidential election year provides a good time to reflect on administrative law scholarship addressing presidential transitions. “Midnight rulemaking” is a term used to describe the well-documented phenomenon of an increase in the volume of regulatory activity in the three months preceding a presidential administration. Scholarly literature and policy studies of midnight rulemaking are voluminous. […]
Earlier this summer at the terrific Rethinking Judicial Deference Conference sponsored by George Mason’s Center for the Study of the Administrative State, Cathy Sharkey presented a provocative paper entitled In the Wake of Chevron’s Retreat. In this paper, Professor Sharkey notes that last year the Supreme Court engaged in two types of narrowing of Chevron deference […]
[Editor’s Note: This is Jim Tozzi’s review of Eloise Pasachoff, The President’s Budget as a Source of Agency Policy Control, 125 Yale Law Journal 2182 (2016), which originally appeared here. Jim Tozzi served as a career regulatory official in five consecutive Administrations and was instrumental in the establishment of centralized regulatory review.] Centralized regulatory review began on the “budget […]
The Chamber of Commerce filed a lawsuit in federal district court in Texas Thursday seeking to block the Treasury Department’s April 2016 inversion regulations. The Chamber says that the inversion regulations exceed Treasury’s statutory jurisdiction, that the regulations are arbitrary and capricious in violation of the Administrative Procedure Act (APA), and that Treasury failed to follow the APA’s […]
I’ll admit it: I like words I don’t come across every day.* For instance, I recently heard “carnival food” at a very formal gathering and smiled. What a great word: “carnival”—especially combined with “food.” (“Carnival fare” would have done the trick too, but I like “food” better.) This has been a very busy week at […]
The summer is quickly coming to a close, but that doesn’t mean there isn’t a lot of fun administrative law stuff to read on SSRN. Here is the July 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. […]
With the school year gearing up, I thought I’d do a few posts in this AdLaw Bridge Series about terrific new resources for law students, professors, and administrative law practitioners. The first is the Third Edition of Administrative Justice in the United States, by Peter Strauss. Professor Strauss has long been one of my favorite […]
We’re very excited to launch the new and improved Notice & Comment. Thanks to the hard work and input from our online team and executive board, the blog now features various organizational tools and direct-access for bloggers. We look forward to developing the blog further and continuing to provide our readers with high quality content.
Last October, I dedicated one of these posts to Judge Frank Easterbrook. I praised him for being “an extraordinary jurist” who is “prolific; influential; and scholarly.”* Of course, Easterbrook is not a judge on the D.C. Circuit, nor would he like to be. But he is an important judge and his views matter—indeed, Westlaw lists […]
The IRS recently proposed some highly controversial regulations related to debt-equity classifications. A challenge to the regulations seems likely, and a recent news article discusses how some pending legislation might affect the controversy. See Bloomberg BNA, “Debt-Equity Rules Could Be Easier to Strike With Pending Bill” (7/25/16). That legislation, The Separation of Powers Restoration Act […]
Back in April I blogged about the district court decision in MetLife v. Financial Stability Oversight Council. There, Judge Rosemary Collyer (D.D.C.) sent waves through the financial services industry and among scholars of cost-benefit analysis. Relying in part on the Supreme Court’s decision last year in Michigan v. EPA, the district court held that the Financial Stability Oversight Council (FSOC) […]
Next month the ABA Section of Administrative Law and Regulatory Practice will be hosting its annual Homeland Security Law Institute, one of the Section’s three major annual conferences. It has been a premier program every year, and promises to be this year as well. So definitely don’t miss it if you’re in DC in late […]
Apologies for the delay, as it’s been a busy July here in Columbus. But here is the June 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. 1. Political Parties, Voting Systems, and the Separation of Powers by […]
Just over six months ago, I set resolutions for myself, law students, the Supreme Court, the Big 12 Conference, my freeloading chickens, and the D.C. Circuit, among others. This week seems as good as any to check in on how everyone is doing. First, I resolved to write something for the Wall Street Journal. Alas, […]
The U.S. Government Publishing Office (GPO) has a Government Book Talk! blog which is designed to “raise the profile of the best publications from the Federal Government, past and present.” The latest post is entitled What’s the “CFR” and Why Is It So Important to Me? The post appropriately notes that the Code of Federal Regulations […]