This is the second time in the AdLaw Bridge Series where I’m highlighting excellent scholarship inspired by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank). As I mentioned in my prior post and as Paul Rose and I have explored elsewhere ( here and here), Dodd-Frank has raised the stakes for financial regulation […]
I’m delighted to join the other contributors to the Yale Journal on Regulation’s Notice and Comment Blog. My academic and professional time is more or less divided between the regulatory activities of the World Health Organization, particularly its activities under the 2005 International Health Regulations (IHR), and agencies under the U.S. Department of Health and […]
In a short forthcoming article, I explain how a government loss in King v. Burwell may create tax problems for persons who purchase policies on the federal exchanges during the current enrollment season. With a loss, enrollees will generally have to pay back the subsidies they received from the government. Also, starting in July 2015, […]
What would happen if the Supreme Court rules for the challengers in King? Not down the line, but immediately? I’ve heard some suggestions that the Court, keen to avoid the upheaval of insurance markets, might enter a stay or otherwise give the administration and Congress time to come up with a fix. That’s wishful thinking. […]
Now that both chambers of Congress are controlled by one party and the presidency by the other, it seems fitting to highlight in the AdLaw Bridge Series this week a terrific paper by Michael Greve and Ashley Parrish entitled “Administrative Law Without Congress: Of Rewrites, Shell Games, and Big Waivers .” The article will be published in the George […]
In denying taxpayers’ claims for various deductions and credits offered by the tax code, courts are fond of saying that these are matters of “legislative grace.” Congress, we are told, allows a taxpayer to reduce his tax liability through sheer beneficence, and a taxpayer cannot infer a credit or deduction. Rather, his entitlement to them […]
Yesterday in a short statement respecting the denial of certiorari in Whitman v. United States, Justice Scalia — joined by Justice Thomas — raised an interesting question about whether “a court owe[s] deference to an executive agency’s interpretation of a law that contemplates both criminal and administrative enforcement.” Here are some highlights (citations omitted): I doubt the […]
The Supreme Court’s recent grant in King v. Burwell has generated a lot of heat, and varying amounts of light, among the legal commentariat. There, the Court agreed to review the 4th Circuit’s rejection of the claim that the text of the Affordable Care Act precludes subsidies for health exchanges established by the federal government, […]
The Department of Justice (“DOJ”) seeks comment on a notice of proposed rulemaking (NPRM) to amend Title III of the Americans with Disabilities Act of 1990 (“ADA”) with respect to the exhibition of movies with closed captioning and audio description. First, this regulation would explicitly require theaters to exhibit such movies “at all times and […]
On Monday the Fordham Law Review published a symposium entitled Chevron at 30: Looking Back and Looking Forward, which my colleague Peter Shane and I organized to commemorate Chevron‘s thirtieth anniversary. I previously blogged about the Foreword we penned here, and the final version of that Foreword can be found here. To get a full introduction […]
The effect of legal representation is a topic near and dear to those who study and work in the agency adjudication context, whether that be immigration, social security, special education, tax, or veterans benefits — just to name a few. For instance, my colleague Stephanie Hoffer and I explore those issues in the tax context with respect […]
The Republican takeover of the U.S. Senate has interesting implications for the Federal Reserve. Three issues come to mind: the legislative agenda, appointments, and hearings. But predicting Republican posture in the 114th Congress is a very difficult thing: it will depend entirely on which wing of the party—the populist/Tea Party wing, or the bank-friendly/establishment wing–takes control […]
In my first AdLaw Bridge Series post, I reviewed David Pozen‘s Self-Help and the Separation of Powers, which was just published in the Yale Law Journal. As I mentioned in that post, the article’s practical (and political) implications should not be overlooked. Professor Pozen is careful to note, repeatedly, that the purpose of the paper is not to […]
Over at the Journal of Things We Like (Lots) — aka Jotwell, which I explain further here — Linda Jellum has a solid reviewof Nicholas Parrillo ‘s terrific book Against the Profit Motive: The Salary Revolution in American Government, 1780-1940 (2013). The Law and Society Association provides a great summary of the book: Against the Profit Motive traces […]
This morning the Supreme Court issued orders from its October 31st Conference. At this Conference the Court considered the cert petition in King v. Burwell, the challenge to a critical Obamacare regulation that “extend[s] tax-credit subsidies to coverage purchased through exchanges established by the federal government under Section 1332 of the Patient Protection and Affordable […]