In my prior post, I mused on the potential severability analysis for tax regulations that a court declared invalid. I noted that courts do not perform severability analysis when (for example) invalidating subsection (d) of a particular tax regulation and instead set aside only the particular regulatory language relevant to the taxpayer’s tax liability. My […]
Workplace wellness programs discriminate. That’s what they do. Employees who adhere to a wellness program pay less for their coverage; those who don’t pay more. Wellness programs thus clash with federal rules that generally require employers to treat their employees even-handedly, regardless of health status. The Affordable Care Act makes an exception, however, for wellness-based […]
This week was a quiet one at the D.C. Circuit — just two cases, neither of which involves “admin law.”* The Thanksgiving holiday undoubtedly played a role. Thanksgiving, however, prompts a thought. With all the talk of Black Friday, my mind turned to one of the most important days in the history of administrative law: […]
Dear 2Ls, If you hope to clerk for a federal judge after graduation, pay careful attention. Some judges hire clerks during the first semester of the 2L year—or sometimes earlier. Others begin looking at applications after first semester grades are released and law review boards turn over; based on anecdotal information, this may be the […]
Last week the Michigan Law Review published in its online companion a short essay of mine—entitled Inside Regulatory Interpretation: A Research Note—which responds to Kevin Stack’s seminal article on regulatory interpretation Interpreting Regulations. Like Anne O’Connell’s article I reviewed for Jotwell earlier this month, Professor Stack’s article was chosen by the American Bar Association as […]
Each morning, lawyers everywhere do certain things. We brush our teeth; take a shower; get dressed; check our email and the headlines; have a bite to eat; exchange pleasantries with loved ones, co-workers, or both; and then read the Notice & Comment blog. (Well, at least we all should do these things ….) I followed […]
Pluto is a dog; Goofy is a dog. Pluto scampers about in the buff with only a slobbery femur to chew on; Goofy wears comfortable clothes and manages a moderately expensive restaurant. This, of course, is not a novel observation about “cartoon doghood,” but it does illustrate a principle: not all dogs are created equal. […]
On Friday, October 30, 2015, in the Federal Register, the Merit Systems and Protection Board (MSPB) today issued an interim final rule, to amend its rules of practice and procedure. The interim final rule clarifies that parties have a right to discovery under the MSPB’s existing discovery procedures in compliance proceedings. The MSPB explained that […]
Who doesn’t love a great headline? Years will go by without so much as a single thought about Elvis Costello crossing my mind, but yet when I read a headline like “When Elvis Costello Was Cruel,” I click. Funny headlines are great too: “Big Rig Carrying Fruit Crashes on 210 Freeway, Creates Jam.” And some […]
Here is the October 2015 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. Here’s the top ten: 1. Enforcement Discretion at the SEC by David T. Zaring (Texas Law Review forthcoming) [CJW: As I’d expect from anything Zaring writes, […]
I’m sure that readers of the Yale Journal of Regulation (and its blog) have by now realized that the Journal’s central subject is under sustained attack. Ben Carson, during last week’s debate among the GOP presidential contenders, had this to say about regulation: And — and — you know, it goes back to the whole […]
Last week Jotwell—the Journal of Things We Like (Lots)—posted my review of Anne O’Connell’s terrific article Bureaucracy at the Boundary, which was published in the University of Pennsylvania Law Review last year. I’m not alone in heaping praise on this article, as the American Bar Association just named it the best work of administrative law […]
Even though Congress recently agreed to a two-year budget deal, it still has to pass an appropriations act by mid-December — budgets determine the maximum amount Congress can fund the government, while appropriations actually fund the government. With a new Speaker of the House and Republicans wanting to defund Planned Parenthood, Congress and the President […]
I attended a conference last weekend in New York, hosted by Bob Hockett and Saule Omarova at Cornell Law School. It was an uncommonly good one, one of the best I have attended. The quality made me wonder what was so good about it, so I share some thoughts here that might be of interest. […]
In 2005, Benedict Kingsbury, Nico Krisch, and Richard Steward published their foundational article,The Emergence of Global Administrative Law, in which they argued that a discrete if amorphous body of law existed comprised of transgovernmental regulation and administration “designed to address the consequences of globalized interdependence in such fields as . . . environmental protection . […]