My health law students and I were discussing HIPAA’s Privacy Rule when we got to talking about the iCloud hack of the nude celebrity photos. Although publication of the photos was a grotesque invasion of the celebrities’ privacy, there’s been no big push for the federal government to pass a law requiring Apple to take […]
This week at the Seventh Annual Junior Faculty Federal Courts Workshop, hosted by the University of Georgia School of Law (with Kent Barnett and Matt Hall as organizers), there have been a number of terrific presentations that attempt to bridge the gap between theory and practice with an obvious focus on court-related topics such as […]
SPOILER ALERT: The most cited Supreme Court administrative law decision of all time is Chevron. Coming in second place, however, may be a bit more surprising: It’s the Rehnquist Court’s foundational standing decision Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992). This should provide more fuel to the fiery debate on whether the signature […]
Last week I posted about the Supreme Court’s upcoming cases addressing whether agencies must go through notice-and-comment rulemaking to change previous interpretations of their own regulations. The D.C. Circuit, in its Paralyzed Veterans line of cases, holds that an agency must, reasoning that the agency’s change modifies legal obligations. The bulk of circuit courts, and […]
Back in 2011, I was a guest blogger at the business law blog The Conglomerate. That summer, I wrote the following (it’s long, and I’m going to include it all: the link back to The Conglomerate is here). I repost because the ongoing AIG litigation is providing an example of what I had in mind: the conversion of […]
Last week, the Government Accountability Office released a letter that sets up a potential congressional battle over the future of the risk corridor program. Contrary to how it’s been covered in the press, however, the letter is good news for HHS. It also suggests that the administration has been quite canny in its approach to […]
The Federal Trade Commission seeks comment on the parental consent method that AgeCheq Inc. (“AgeCheq”) has suggested in accordance with the FTC’s Children’s Online Privacy Protection Rule. Congress enacted the Children’s Online Privacy Protection Act (“COPPA”), which became effective in 2000. It applies to any person or entity that collects personal information (defined as “individually […]
10/3 Update: schools added since initial post are underscored in the list below. With the American Association of Law Schools Annual Faculty Recruitment Conference in Washington, DC, less than a month away in two weeks, I thought I’d check in and see which schools are expressly hiring in administrative law and regulation (as broadly defined, per JREG’s […]
Neil Irwin has the details. Apparently Ben Bernanke–the man of the seven-figure book deal and somany high-profile speaking engagements that it’s difficult to make it to court–can’t refinance the mortgage on his $800,000 Washington townhouse. The problem is that he has left his long-term job that paid a moderately high salary to one where is […]
When considering how to bridge the gap between the theory and practice of administrative law — the aspiration of this AdLaw Bridge Series — one organization stands out as embodying this mission: theAdministrative Conference of the United States (ACUS). ACUS is an independent federal agency that conducts research in administrative law with the hope of […]
Christopher Walker’s outstanding article on agency interpretive practice got me thinking about how the tax community interprets the tax code differently from courts. I was specifically reminded about the gasps of horror and disgust that I received at a discussion forum during a recent ABA Tax Section Meeting. I had initiated a discussion about the […]
Surely Julia Pierson breathed a sigh of relief as she went to bed last night. She hadn’t won plaudits for her performance on the Hill, but the testimony was over and she could now turn to fixing the problems at the agency responsible for protecting the President. And then she opened the paper this morning […]
On the first of October, a young professor’s fancy turns to the Supreme Court, which will be opening its new term the following week. In that spirit, I want to comment briefly on one of the most important grants of the October 2014 Term in regulatory law: Perez v. Mortgage Bankers Association, which, paired with […]
The Social Science Research Network (SSRN) is a terrific resource for current scholarship in a variety of academic fields, and a particularly valuable resource for legal scholarship. It’s also a great way to see other publications and works in progress by a particular scholar, as just about everyone posts their papers on SSRN. So if […]
On August 21–22, 2014, the American Bar Association hosted the Ninth Annual Homeland Security Institute in Washington, D.C. The previous post focused on several major themes of the Institute. This week’s post will focus on issues in immigration law, which was the topic of several panels. These reflections come from the following presentations: America’s Immigration […]