Yesterday the Supreme Court heard argument in Perez v. Mortgage Bankers Association, which presents an important administrative law question of whether notice-and-comment rulemaking is required when an agency significantly alters an interpretive rule that sets forth the agency’s interpretation of its own regulation. Jeff has done two very thoughtful posts about the case here and here, and […]

Here is the November 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 […]

Last month 28 Harvard law professors published an op-ed calling on Harvard University to rethink its university-wide sexual harassment policy. As the law professors explained, Harvard’s new sexual harassment policies and procedures “lack the most basic elements of fairness and due process, are overwhelmingly stacked against the accused, and are in no way required by Title […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

Being at the ABA Administrative Law Conference this week has me thinking more about the terrific empirical work scholars are carrying out to better understand real-world administrative law.  One of my favorite such empirical projects from this year is entitled “Justice on the Fly: The Danger of Errant Deportations” by Fatma Marouf, Michael Kagan , and Rebecca […]

This week at the Seventh Annual Junior Faculty Federal Courts Workshop, hosted by the University of Georgia School of Law (with Kent Barnett and Matt Hall as organizers), there have been a number of terrific presentations that attempt to bridge the gap between theory and practice with an obvious focus on court-related topics such as […]