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 […]

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 […]

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 […]

I had hoped to hold off on posting about Fed governance for a bit—I’m close to finishing the first draft of a book on this topic, called The Structure of Federal Reserve Independence, and will be spending a lot of time blogging about its contents once it hits the shelves in the middle of next […]

The Treasury and IRS have recently suffered some major losses regarding their attempts to regulate tax practitioners.  Earlier this year, in Loving v. IRS, the D.C. Circuit invalidated the entire regulatory regime regarding paid tax return preparers.  And over the summer, in Ridgley v. Lew, the D.C. District Court invalidated some regulatory restrictions on the […]