Notice & Comment

Notice & Comment

Notice & Comment

CBA of CBA Regime, by Mehrsa Baradaran

Robert Bartlett’s new paper The Institutional Framework for Cost Benefit Analysis in Financial Regulation: A Tale of Four Paradigms? does the unthinkable. It goes totally meta and does a cost benefit analysis on the cost benefit analysis regimes of the financial regulators. This endeavor must be rewarded and propagated so that our minds may collectively […]

Notice & Comment

Delegation and Complexity in Administrative Law

Greetings! My name is Jeff Pojanowski and I am excited to be a regular contributor on Notice and Comment. I am an Associate Professor at Notre Dame Law School, teaching and writing in administrative law, statutory interpretation, and legal theory more generally. My first post is inspired by two readings: (1) Phillip Hamburger’s book Is […]

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Cost-Benefit Analysis, the FDA, and Tobacco

I’m very pleased to be joining this blog as well.  I’ll blog about my area of interest – public health – with a focus on regulatory law and policy.  My specific area of expertise is tobacco policy, and as the FDA’s Center for Tobacco Products continues its efforts to regulate tobacco (and continues to get […]

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Pozen on Separation of Powers and Self-Help Countermeasures (AdLaw Bridge Series)

Perhaps due in part to a hopelessly gridlocked Congress, we live in an era of executive discretion. The White House has delayed the Affordable Care Act’s employer mandate. The Department of Homeland Security has announced that it will stop deporting certain noncitizens who are currently required to be removed by statute and refocus its efforts […]

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Crashing Medicare

Two weeks ago, Medicare announced a proposed settlement in a long-running billing dispute with hospitals. The size of the settlement is staggering: if accepted, it could end up costing the federal government hundreds of millions of dollars. The settlement also signals deep problems in one of Medicare’s flagship programs for eliminating wasteful spending. At its […]

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Recapping the Homeland Security Institute – Part 1, by Nina Hart

On August 21–22, 2014, the American Bar Association, Section of Administrative Law and Regulatory Practice hosted the Ninth Annual Homeland Security Institute in Washington, D.C.  The Institute included panels on a wide variety of issues including immigration, border security, the Foreign Corrupt Practices Act, the SAFETY Act, government contracting, and the DHS priorities for the upcoming […]

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Brown Bag Lunch – Latest Developments at the Office of Special Counsel

The Section Government Personnel Committee is pleased to host a brown bag lunch entitled “Latest Developments at the Office of Special Counsel,” October 6, 2014, from 12:00 – 1:30 p.m.  Confirmed Panelists include Louis Lopez, Associate Special Counsel, U.S. Office of Special Counsel; Shirine Moazed, Chief, Investigation and Prosecution Division, U.S. Office of Special Counsel; […]

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Section Member Receives Bar Association Award for Blog Contributions, by Lynn White

Elisabeth Ulmer, 2014 graduate of Villanova University School of Law, recently received the Irvin Stander Award for Excellence in Administrative Law from the Philadelphia Bar Association for her contributions to Notice and Comment while in law school.  Below she discusses the practical benefits of writing for Notice and Comment and how it will impact her […]

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FTC Proposes Revisions to Energy Labeling Rule Requirements, by Elisabeth Ulmer

In June 2014, the Federal Trade Commission (“FTC”) proposed a rule to amend its labeling requirements under the Energy Labeling Rule.  The FTC intends “to expand coverage of the Lighting Facts label, change the current label categories for refrigerators, revise the ceiling fan label design, and require room air conditioner labels on packaging instead of […]

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FinCEN Proposes Special Measure Against FBME, by Shannon Allen

The United States Department of Treasury’sFinancial Crimes Enforcement Network (“FinCEN”) issued a notice of finding and proposed rule.  The Director of FinCEN found that FBME Bank Ltd. (“FBME”), formerly known as Federal Bank of the Middle Ease, Ltd., is a financial institution operating outside of the United States that is of primary money laundering concern. […]

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Meet Professor Anna Shavers, Incoming Section Chair, by Nina Hart

Anna Williams Shavers, the Cline Williams Professor of Citizenship Law at the University of Nebraska College of Law, is preparing to take the helm of the Section for the 2014-2015 bar year.  Below, she discusses her top priorities for the Section of Administrative Law and Regulatory Practice during her tenure. 1.  As incoming Chair of […]

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Early Bird Rates! 2014 Administrative Law Conference

The Section will hold it’s annual 2014 Administrative Law Conference at the Omni Shoreham Hotel in Washington, D.C., October 16-17, 2014.  The agenda will include the following sessions the Regulatory Flexibility Act: A Guide for the Perplexed, The Future of Agency Guidance Documents and Policy Statements, and TTIP Enhanced Stakeholder Input, to name a few.  […]

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GSA Revises FTR’s “Domestic Partnership” Definition, by Shannon Allen

The General Services Administration (“GSA”) proposes a new rule which would amend the Federal Travel Regulation (“FTR”).  GSA’s rule proposes to amend the definition of “Domestic Partnership,” and to add terms and definitions for “Marriage” and “Spouse.”  “Domestic partnership” is to be updated to read that same-sex domestic partners: that have a documented domestic partnership, […]