Notice & Comment

Notice & Comment

Notice & Comment

Review: Pasachoff’s The President’s Budget as a Source of Agency Policy Control, by Jim Tozzi

[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 […]

Notice & Comment

The Chamber of Commerce Has an Anti-Injunction Act Problem, by Daniel Hemel

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 […]

Notice & Comment

Strauss’s 3rd Edition of Administrative Justice in the United States (AdLaw Bridge Series)

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 […]

Notice & Comment

Welcome to the new Notice & Comment

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.

Notice & Comment

The Section 385 Debt-Equity Regulations and The Separation of Powers

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 […]

Notice & Comment

Law Professor Amicus Brief in MetLife

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) […]

Notice & Comment

Government Book Talk! – Code of Federal Regulations Edition, by Lynn White

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 […]

Notice & Comment

The ABA Administrative Law Section’s Transformative Year, by Lynn White

This has been a banner year for the ABA Section of Administrative Law and Regulatory Practice–one that has been full of accomplishments. The Section has set a record for the most program events in its history, including some terrific new programs such as “The 60th Anniversary of the Hoover Commission: Lessons for Regulatory Reform”, the “Great Debate” […]