Let me begin by echoing Daniel’s thanks to Chris, the Yale Journal on Regulation’s Notice and Comment team, and Peter for the opportunity to reach outside my scholarly comfort zone and hopefully play a useful role in illuminating the importance of Peter’s book not only for scholars of the Federal Reserve system but the legal […]
A couple of weeks ago, my wife (also a law professor) and I wrapped up the final session of a seminar that we co-taught called Contagion. We wanted to offer an introduction to the outbreaks of infectious disease that have reshaped American life and law. The class was one of Michigan Law’s “at home mini-seminars,” […]
For those readers who are law professors (or aspiring law professors), I thought I’d note that I’m guestblogging over at PrawfsBlawg this month, doing series on frequently asked questions by junior law professors concerning scholarship and becoming a voice in one’s field. I plan on doing a dozen or so questions, hopefully crowdsourcing answers from the […]
I’m excited to announce that over the next week or so we will be hosting an online symposium reviewing my co-blogger Peter Conti-Brown’s important new book The Power and Independence of the Federal Reserve , which was just published by the Princeton University Press. Here’s an overview of the book from the publisher’s website: The […]
Last month I highlighted an amicus brief by the “who’s who” of administrative law professors in support the Federal Government in United States v. Texas, in which they argue that the Obama Administration’s executive actions on immigration constitute a general statement of policy and thus are not subject to notice-and-comment rulemaking. Today legal scholars Ronald […]
Thanks to Chris Walker for organizing this online symposium, to the editors of the Yale Journal on Regulation for hosting it on their site, and—most of all—to Peter Conti-Brown for writing a brilliant book. In this post, I’ll take issue with one of Peter’s conclusions—that “the [Federal] Reserve Banks are almost certainly unconstitutional” (p. 107)—but […]
Here is the March 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. I’m guest-blogging over at PrawfsBlawg this month and on Monday we kick off a fantastic symposium here at Yale JREG on my co-blogger Peter Conti-Brown’s […]
This week was a very quiet one at the D.C. Circuit. There was only one decision and it had nothing to do with administrative law.* Perhaps it is spring break at the D.C. Circuit. (I’m kidding . . . probably.) So if you read D.C. Circuit Review – Reviewed for admin law opinions, take the […]
Earlier this week the State Respondents filed their merits brief in United States v. Texas—the challenge to the Obama Administration’s executive actions on immigration the Supreme Court will hear in April. In light of this important case, it seems fitting to highlight a new article just published in the Iowa Law Review by former Attorney […]
If you’re worried about Zika’s arrival in the United States—and you should be—Laurie Garrett has a must-read article at Foreign Policy on the fecklessness of national political leaders and the appalling lack of preparation in the cities that will be hardest hit. [W]hat Congress fails to recognize is that most aspects of public health, especially […]
First, a note on jurisdiction. When trying to track the Senate’s regulatory reform efforts, you have to know where to look. Whereas most APA-focused legislation in the House is referred to the Judiciary Committee, in the Senate that place is the Homeland Security and Governmental Affairs Committee(HSGAC). There’s a long and (to some of us) […]
I learned something this week. By way of background, last September, I opened a Twitter account. As of now, I have 904 tweets. I’m biased, but I think that at least some of these tweets are insightful, at least as far as Twitter goes. Yet my most popular tweet of all time, by a fairly […]
Earlier this year my co-blogger Nick Bagley argued that there was “no harm, no foul” in the Obama Administration foregoing notice-and-comment rulemaking with respect to the executive actions on immigration. The Obama Administration provided notice, he argued, by “leak[ing] the proposal to the national media and [holding] a Rose Garden press conference.” The public had […]
Most of official Washington is focused on the vacancy at the Supreme Court, but for watchers of financial regulation and central banking a new vacancy is surely more important: Thomas Baxter, the long-time general counsel at the Federal Reserve Bank of New York has announced his retirement. He’s a New York Fed lifer—his retirement comes at […]
The Administrative Law Review, which is the official journal of the ABA Section of Administrative Law and Regulatory Practice, will be hosting its annual symposium tomorrow (Thursday, 3/24) afternoon from 2-5 p.m. at the American University Washington College of Law in Washington, DC (4300 Nebraska Ave. NW). The symposium is entitled The State of Chevron: […]