The D.C. Circuit issued no opinions this week. Instead, it got rid of one. In particular, the court vacated its (latest) judgment in the long-running Al Bahlul v. United States saga and set the case for (another round) of en banc consideration. The court’s vacatur order provides a good opportunity to discuss Chief Justice Roberts and […]
Yale Law School Friday, Oct. 2, and Saturday, Oct. 3, 2015 Supported by the Oscar M. Ruebhausen Fund All events are in YLS Room 129 unless otherwise noted. Panels open to the public. To attend lunch on Friday and/or Saturday of the conference, RSVP by Friday, September 24, to barbara.consiglio@yale.edu Friday 12:30-1:30 – Lunch (YLS […]
This week, Congressman Paul Ryan sent a letter to President Obama expressing concern that the nuclear deal with Iran would include special tax breaks for that country. The letter asks for a commitment to not extend such tax breaks during the remainder of the President’s term. Generally, under Section 901 of the tax code, U.S. […]
The Obama administration has filed a motion in House v. Burwell asking the district court for permission to take an immediate appeal of its decision allowing the case to proceed. Among other things, the administration argues that allowing the House to sue over an alleged violation of the Appropriations Clause is “a momentous step” that […]
The Center for American Progress has released a report that includes an arresting suggestion for controlling the prices of prescription drugs. Under the Bayh-Dole Act, in certain circumstances, the federal government may exercise its “march-in rights” to license patents that resulted from federally funded research but that are now owned by drug companies. These rights […]
The late, great Warren Zevon penned a lot of extraordinary songs. His most famous, of course, is Werewolves of London.* My favorite is Mohammed’s Radio (trust me, it stays in your head), though Frank and Jesse James and Mama Couldn’t Be Persuaded are also striking. Mutineer too is great, though I prefer this cover. I mention Warren […]
First Lady Michelle Obama made healthy school lunches a signature part of her “Let’s Move” initiative to promote health and wellness and combat obesity among America’s youth. The First Lady and Administration championed the passage of the Healthy, Hunger Free Kids Act, which created several new Federal mandates for school lunch programs, including requiring schools […]
The key compromise at the heart of the 2009 Tobacco Control Act was this: Tobacco products that were already on the market would be “grandfathered,” but any new tobacco products would have to undergo premarket review and demonstrate that allowing them to be sold would be “appropriate for the protection of public health”—a tough standard […]
As Andy noted in his post last week, the Pepperdine Law Review will be publishing soon a symposium on the implications of King v. Burwell on tax law and administration. In his contribution, Andy asks: Where Were the Tax Professors? In our contribution, my tax prof colleague Stephanie Hoffer and I focus on the reasoning of the majority […]
As regular readers know, Notice & Comment was a go-to source for commentary on King v. Burwell. I thus thought that readers might be interested in my recent symposium essay, King v. Burwell: Where Were the Tax Professors?. I’ve reproduced the abstract below and the full piece can be downloaded here: King v. Burwell drew unusually […]
D.C. Circuit Review – Reviewed is designed to help you keep track of the nation’s “second most important court.” Think Relist Watch, but for D.C. Circuit opinions. In just five minutes a week, you too can follow this court. Alas, the D.C. Circuit did not issue any opinions this week. So, this week only, feel […]
A district court in Washington, DC ruled Wednesday that the House of Representatives has standing to bring a lawsuit alleging that the Obama administration is spending federal money to finance the ACA, absent a congressional appropriation. As I’ve explained , the stakes of the lawsuit are high—not as high as King v. Burwell, but nothing […]
Last week the Administrative Conference of the United States posted a draft of my report entitled Federal Agencies in the Legislative Process: Technical Assistance in Statutory Drafting. This report builds on the empirical survey work I conducted a couple years ago on federal agency rulemaking and agency statutory interpretation, which culminated in an article published in […]
I’ve previously written here about some of the craziness surrounding Yucca Mountain, the once-and-future federal nuclear waste repository in Nye County, Nevada. That was the better part of a year ago, and it’s time for an update. First, a brief refresher. Since about the 1960s, nuclear power has been a substantial piece of the electricity […]
Here is the August 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 William Funk. There are some really, really terrific articles here, a number of which are on my list to highlight in theAdministrative Law Bridge Series. I’ve included some […]