This is the fifth in a series of my posts discussing some of the amicus briefs filed in King v. Burwell: The amici curiae brief of Professor Josh Blackman and the Cato Institute reflects an unusual but effective contribution to King v. Burwell. The brief touches only lightly on the actual question presented, focusing instead […]
Over at Jotwell — the Journal of Things We Like (Lots) — Richard Murphy reviews one of Adrian Vermeule’s latest essays, “Rationally Arbitrary Decisions (in Administrative Law),” which is available on SSRN here. I should probably confess at the outset that Professor Vermeule is one of my favorite administrative law scholars, and I devour everything […]
This is the fourth in a series of my posts discussing some of the amicus briefs filed in King v. Burwell: Our next amicus brief comes two nonprofits groups, the Association of American Physicians & Surgeons and the Citizens’ Council for Health Freedom, along with some individual physicians (the AAPS brief). I will confess that […]
This is the third in a series of my posts discussing some of the amicus briefs filed in King v. Burwell: A group of academics have filed a provocative brief in King v. Burwell, viewing the dispute through the lens of the Constitution’s appropriations clause. The academics argue that the health care law is an […]
This is the second in a series of my posts discussing some of the various amicus briefs filed in King v. Burwell: In their brief supporting the taxpayers, the Washington Legal Foundation and Professor Steven J. Willis argue that Section 36B’s plain text forecloses the IRS’s interpretation. A good chunk of the brief repeats arguments […]
Judging from the Supreme Court’s docket, many attorneys spent their Christmas vacations putting together various amicus briefs supporting the taxpayers in King v. Burwell. Over the next few weeks, I’d like to survey those briefs and offer my reactions to some of them. I expect to offer specific thoughts on the briefs themselves and provide […]
As we enter the New Year, SSRN has some terrific new administrative law scholarship to consume. Here is the December 2014 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. For more on why SSRN and this eJournal are […]
William Jay, a partner at Goodwin Procter LLP, was recently a featured speaker in the Section’s Supreme Court Series Teleconference entitled Perez v. Mortgage Bankers Association: The Supreme Court Considers the Limits on Notice-and-Comment Rulemaking Requirements. Notice and Comment had the opportunity to sit down with the Law360 2014 Rising Star and hear about his […]
Last month Professor Tribe filed comments with the EPA and wrote in the Wall Street Journal to argue that the EPA’s new Clean Power Plan rules are unconstitutional. I would like to expand upon and generalize his concerns. The basic issue – that the agency is asserting newfound and broad regulatory power based on general […]
The Yale Journal on Regulation started this blog back in September. With the launch of the blog, I started the Administrative Law Bridge Series. Each week I’ve highlighted terrific scholarship in administrative law and regulation to help bridge the gap between theory and practice in the regulatory state. The introduction to the AdLaw Bridge Series […]
This is the second part of a discussion about the relationship between FERC and EPA. In Part 1, I explained that Congress has generally written its environmental statutes without regard for its energy statutes, and vice versa. Recent environmental regulatory activity—in particular, two massive initiatives announced by EPA in 2014—has heightened concerns that EPA and […]
The Administrative Law Review and Yale Journal on Regulation publish terrific administrative law scholarship throughout the year. But I look forward to two special annual administrative law symposia: the George Washington Law Review‘s Annual Review of Administrative Law and the Duke Law Journal’s Annual Administrative Law Symposium. I blogged about DLJ’s symposium, entitled “Taking Administrative […]
Later this week the American Association of Law Schools (AALS) holds its annual meeting in Washington, DC (more details here). There are some terrific regulation-related panels at AALS this year, but preregistration is required and the attendance cost is pretty significant. This weekend the Federalist Society will be hosting its annual faculty conference right across the street […]
I’m exploring a few issues in energy regulation that are likely to attract the attention of the 114th United States Congress. My previous post discussed the Nuclear Regulatory Commission’s regulation of high-level nuclear waste management; in this post, I want to take a look at the relationship between FERC and EPA and how some recent regulatory […]
Will Baude has a thoughtful response to my somewhat grumpy take on David Lat’s very engaging novel, Supreme Ambitions. As with my other post, spoiler alert: the whole analysis and debate here reveal the book’s major plot twists. Will and I agree on a lot, but he makes two points that differ from mine: first, […]