Here is the October 2018 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 Bill Funk. ‘Faithful Execution’ and Article II by Andrew Kent, Ethan J. Leib & Jed Handelsman Shugerman (Harvard Law Review forthcoming) [CJW Note: This is a fascinating deep […]
As part of a terrific Iowa Law Review Administering Patent Law Symposium, I have spent some time thinking about the constitutional tensions in agency adjudication after the Supreme Court’s decisions last Term in Lucia and Oil States. I’ve just posted a draft of that essay to SSRN. One thing that somewhat surprised me in working through […]
As regular readers of the blog know, a number of us are very interested in the propriety of nationwide injunctions to enjoin federal agency actions. I’ve blogged a bit about Sam Bray’s APA argument and the new legislation that would limit nationwide injunctions. Nick Bagley has joined Bray in arguing that federal courts should not […]
We just wrapped up the American Bar Association’s annual Administrative Law Conference, which was a terrific event and broke records with more than 700 adlaw geeks in attendance. I had the privilege of moderating the final panel of the conference, focused on the future of the federal civil service. We had a terrific panel and […]
October has been a busy month, with the annual ABA Administrative Law Conference starting tomorrow. So I’m just now posting the September 2018 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 Bill Funk. This is a terrific selection of new […]
As regular readers of the blog know, I’m very interested in how Chevron deference plays out on the ground in the federal courts of appeals. Kent Barnett and I spent several years coding eleven years (2003-2013) of all published circuit-court opinions that mention Chevron or Skidmore deference. As for study design, we modeled out approach, […]
From the American Constitution Society website: Reforming “Regulatory Reform”: A Progressive Framework for Agency Rulemaking in the Public Interest DAN FARBER Sho Sato Professor of Law and Faculty Director, Center for Law, Energy, and the Environment, University of California Berkeley Law and LISA HEINZERLING Justice William J. Brennan, Jr. Professor of Law, Georgetown Law and PETER SHANE Jacob E. Davis […]
As I blogged about back in January, the UCLA Law Review organized a terrific live symposium entitled The Safeguards of Our Constitutional Republic. The print issue just came out. Here’s a rundown of the written contributions from the UCLA Law Review website, with links to each essay: IN PRINT: VOLUME 65, ISSUE 6 JON D. […]
This month has been busy, so I’m late with the August 2018 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 Bill Funk. But it’s a really excellent set of papers: Deep Fakes: A Looming Challenge for Privacy, Democracy, and […]
Here is the July 2018 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 Bill Funk. With the start of the new school year (and some other personal and professional obligations this month), I haven’t been able to give these papers […]
Yesterday a federal district judge ordered the federal government to return two asylum seekers to the United States that the government had put on a plane to depart from the country. News coverage of the judge’s order has focused on the judge’s threat for compliance: in the event that the Defendants do not fully comply with this […]
This summer the SSRN adlaw working paper series has provided for ample beach reading. June was no exception. Here is the June 2018 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 Bill Funk. Regulatory Police by Rory Van Loo (Columbia […]
When a court concludes that an agency’s decision is erroneous, the ordinary rule is to remand to the agency to consider the issue anew (as opposed to the court deciding the issue itself). The Supreme Court arguably first articulated this ordinary remand rule in the Chenery decisions in the 1940s. As I explore elsewhere, the Court […]
Here is the May 2018 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 Bill Funk. There’s a lot of new scholarship on this list, adding signficantly to my summer reading list: Petitioning and the Making of the Administrative State by […]
Over at Truth on the Market, Gus Hurwitz thoughtfully enters the debate between Philip Hamburger and me (here and here) regarding the role of Chevron deference in constraining partisanship in judicial decisionmaking. This debate builds on findings from Administrative Law’s Political Dynamics, my latest paper with Kent Barnett and Christina Boyd from our Chevron in the circuit courts dataset. […]