This year marks the inaugural season of the ABA Academy’s Cybersecurity Core Curriculum. The Curriculum is a series of programs addressing the cybersecurity risks facing lawyers, best practices for prevention and incident response, and lawyers’ legal and ethical obligations to clients regarding data security. The next event in this series, “Moving Target: Cybersecurity Legal Requirements […]
Here is the October 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 such terrific resources for administrative law scholars and practitioners, check out my first post on the subject […]
At the end of September, six commercial companies were effectively granted permission to use drones to film and take photographs, unlike every other commercial drone operator, whose use of drones remains banned. The FAA, an agency tasked by Congress primarily with maintaining the safety of the public skies, is now in the business of granting commercial […]
Who owns medical records? Technically, the records themselves are the property of the physicians and hospitals that compile them. But the law has long recognized that patients also have rights to those records. Most significantly, under HIPAA’s Privacy Rule, a provider must, upon request, give a patient a copy of her medical records. But, to […]
It seems like every time a corporation announces a settlement with the government, someone expresses outrage upon learning that a corporation’s payment may be deductible. How dare the government subsidize bad behavior by allowing a corporation to reduce its taxes? Take a look at this Newsweek story, for example. The deductibility of settlement payments actually […]
One of the most effective ways to bridge the gap between the theory and practice of administrative law is for theorists to actually practice administrative law and then reflect on that practice experience. Indeed, some of the most important contributions to the administrative law literature have come from law professors upon their return from stints […]
As I mentioned in a prior post, I plan on blogging more about the results of my empirical study inside agency statutory interpretation, which is forthcoming in the Stanford Law Review and an updated draft of which is available on SSRN here. In the interim, Reeve Bull has done an excellent post and overview of the […]
The United States Courts (“USC”) announces public hearings of the Judicial Conference Advisory Committee and seeks comment on proposed amendments to the Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure. The USC requested that these proposals be circulated to the bench, bar, and the public for comment. The Advisory Committees on Rules of Appellate, Bankruptcy, […]
Today my colleague Stephanie Hoffer and I will be presenting our paper, “The Death of Tax Court Exceptionalism,” which is forthcoming in the Minnesota Law Review, at the University of Kentucky College of Law Faculty Workshop. Stephanie and I have already blogged about this paper elsewhere (here, here, and here), but I wanted to highlight a […]
I recently returned from the 2014 Public Health Law Conference, a fantastic event held every two years in Atlanta and hosted by the Network for Public Health Law, the American Society of Law, Medicine and Ethics, and the Robert Wood Johnson Foundation. Presentations at the conference covered a wide range of issues from Ebola (the […]
As my colleague Paul Rose and I have explored elsewhere, the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) has raised the stakes for financial regulation by requiring more than twenty federal agencies to promulgate hundreds of new rules and regulations. Not only has it kept the financial regulators busy, but it […]
There is a growing trend among law schools to add Legislation and Regulation (“Leg-Reg”) to the required first-year curriculum. Professor Edward Richards keeps a running list of the schools that offer some sort of legislation or administrative law course in the 1L curriculum, and to date at least 27 schools require a 1L course in […]
Last week, I pushed against a popular account of Walter Bagehot’s Lombard Street that I think misconstrues exactly what Bagehot was trying to do (and the context within which he was doing it). My brilliant live-in editor tells me that (1) Bagehot really isn’t that popular, so I may be overstating how much people have […]
Last Thursday I had the privilege of presenting my empirical study on agency statutory interpretation to roughly fifty agency officials at the U.S. Department of Homeland Security as part of DHS’s Regulatory Affairs Practice Group Roundtable (“DHS Roundtable”), which is sponsored by the DHS Office of General Counsel. It was a terrific group, and I enjoyed […]
Just as we have seen in politics and other forms of policymaking, rulemakers and regulated communities are taking to social media to engage stakeholders and influence public policy. This is a tricky strategy since rulemaking does not lend itself to boiling down policies into 140 characters or less. Most proposed and final rules are well […]