The Food and Drug Administration, Office of National Coordinator for Health IT, and Federal Communications Commission (FCC) are seeking applications for the Food and Drug Administration Safety Innovation Act Workgroup (FDASIA). The FDASIA will “inform the development of a report on an appropriate, risk-based regulatory framework pertaining to health information technology including mobile medical applications that […]
Registration is now open for the 2013 Administrative Law and Regulatory Practice Institute, April 3-4, 2013, in Washington, DC at the Capitol Hilton. The institute will cover hot topics and emerging issues in administrative law. Stay tuned for the full conference agenda! This post was originally published on the legacy ABA Section of Administrative Law […]
The U.S. Equal Employment Opportunity Commission (EEOC) invites public input on its efforts to develop a Quality Control Plan (QCP). The EEOC Strategic Enforcement Plan for Fiscal Years 2012-2016 requires the agency to develop a QCP for public and private sector investigations and conciliations and federal sector hearings and appeals. The agency is specifically seeking […]
On February 6, 2013, the Department of Labor (DOL) published a final rule in the Federal Register (78 FR 8833-8947) revising Family Medical Leave Act (FMLA) benefit requirements for family members of servicemembers. The FMLA provides qualifying family members of injured or ill servicemembers (military caregiver) or activated National Guard or Reserve members (qualifying exigency) […]
The American Bar Association Section of Administrative Law and Regulatory Practice is pleased to unveil the new Notice and Comment blog. The revised blog provides an opportunity for Section members to engage in dialogue about upcoming Section activities and highlight the contributions our members are making to the legal field. The blog also has a […]
It is hornbook administrative law that agencies’ interpretations of their own regulations received heightened judicial deference. The standard cites are Bowles v. Seminole Rock Co., 325 U.S. 410 (1945), and Auer v. Robbins, 519 U.S. 79 (1997). The principle has a number of possible justifications: (a) the agency best understands what interpretation will make sense […]
Readers in DC may be interested in Administrative Judging in the 21st Century: The Hi-Tech Courtroom and “Googling” the Evidence, a brown-bag session that will take place at the ABA on June 21. The discussion will be devoted to changes in administrative hearings resulting from the new courtroom technology, including nation-wide video-conferencing, wireless networks, hand-held […]
On Monday, June 4, several of the contributors to the Section’s well received new book, The Law of Counterterrorism, will participate in a roundtable discussion on cutting-edge topics covered in the book, including detention and interrogation, military commissions, and the KSM trial at Guantanamo. This will be fascinating and timely discussion. It is free and open to […]
Today President Obama issued an Executive Order on International Regulatory Cooperation. The Order can be found here. The essential goal of the new Order is to focus agencies on the burdens created when US regulatory requirements diverge from those of other nations. Such concerns require a delicate balancing act, reflected in the careful wording of […]
The Section’s Spring Conference and Council Meetings will take place Friday-Sunday, April 20-22, in Princeton, NJ. On Friday, April 20, the Section, along with Princeton’s Program in Law and Public Affairs and Center for Information Technology Policy, is hosting a symposium on “The Administrative Agency in the Electronic Age.” Speakers from the ad law professoriat […]
On February 18, Charles Koch, Dudley W. Woodbridge Professor of Law at William & Mary Law School, died. The Law School has posted a notice about Professor Koch’s life and distinguished career as a teacher and writer on administrative law. The notice states that a celebration of his life “will be held at 2:00 p.m. Saturday, […]
Both the Administrative Conference of the United States (ACUS) and the Congressional Research Service (CRS) are now hiring for senior-level positions. At ACUS, there are currently two senior-level positions for which applications are being sought: (1) Research Director. This is an SES-level position. The vacancy announcement is posted on USAJobs, and will be open through […]
On Wednesday, February 1, at 3:00 pm Eastern time, the Federalist Society’s Administrative Law Section will host a “teleforum” on the Regulatory Accountability Act (H.R. 3010). The Act, which passed the House in December, would make sweeping changes to the APA, particularly with regard to rulemaking. The featured speakers are both distinguished former chairs of the […]
On January 3, Chevron Corporation issued a press release reporting that a three-judge panel of “temporary judges presiding over appellate proceedings in the Provincial Court of Justice of Sucumbíos in Lago Agrio, Ecuador in an environmental lawsuit involving Texaco Petroleum Company,” had ruled against the companies. The appellate court’s ruling upheld a February 2011 lower […]
On January 4, the Securities and Exchange Commission charged an investment adviser with offering to sell $500 billion in fictitious securities, using social media such as LinkedIn. The SEC press release on the case stated that the adviser, Anthony Fields, “used LinkedIn discussions to promote fictitious ‘bank guarantees’ and ‘medium-term notes’,” and that his postings “resulted […]