May has gotten away from me with final exam grading and the start of my law school’s Washington, DC, summer program, which I direct. But here is the April 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. The […]
Over at TaxProf blog, my colleague Ari Glogower reviews Clint Wallace‘s Centralized Review of Tax Regulations, which is forthcoming in the Alabama Law Review. Last year I read an earlier draft of Wallace’s fascinating paper, which has become all the more important in light of the memorandum of understanding the White House’s Office of Information and Regulatory Affairs […]
Over at the Volokh Conspiracy, Sam Bray has this fascinating and timely post on why the Administrative Procedure Act (APA) does not allow for nationwide injunctions: Sometimes the question is asked whether the Administrative Procedure Act authorizes courts to give national injunctions, because it says that a “reviewing court shall . . . hold unlawful and […]
Over at The Regulatory Review, Melissa Wasserman and I have an essay about the Supreme Court’s decision last week in Oil States and our new paper The New World of Agency Adjudication, which is forthcoming in the California Law Review. Here’s a snippet from our Regulatory Review essay: Last week, the U.S. Supreme Court upheld the constitutionality of […]
Over at the IP/patent law blog Written Description, Lisa Ouellette has a very thoughtful post on The New World of Agency Adjudication, my new paper with Melissa Wasserman that is forthcoming in the California Law Review next year. Here’s the first and last paragraph: Christopher Walker is a leading administrative law scholar, and Melissa Wasserman‘s excellent work on […]
April has been a busy month here at the Notice and Comment blog, with a terrific, two-week symposium organized by my co-blogger Jennifer Mascott on Lucia v. SEC, the constitutional challenge to the appointment of SEC administrative law judges that the Supreme Court heard on Monday. So my monthly SSRN post is coming a bit […]
Over at the Law and Liberty blog earlier this month I did a quick post, provocatively titled The Federalist Society’s Chevron Deference Dilemma, on my new paper with Kent Barnett and Christina Boyd. I knew suggesting that Chevron deference *may* have some benefits — in particular, reducing partisanship in judicial decisionmaking — was not likely to be well […]
This Term the Supreme Court will decide two cases that could shape the constitutional future of agency adjudication. First, in Oil States Energy Services v. Greene’s Energy Group, the Court will decide whether certain agency adjudications at the U.S. Patent and Trademark Office unconstitutionally strip parties of their property rights in issued patents. Second, in […]
Over at the Law and Liberty blog today, I have a post with a provocative (click-baity?) title on Kent Barnett, Christina Boyd, and my new paper Administrative Law’s Political Dynamics (Vanderbilt Law Review forthcoming). Here’s a snippet from my post: The call to eliminate Chevron deference has largely come from those right of center. But it would […]
Over at Patently-O, Melissa Wasserman and I have the following guest post on our new article: In 2011, Congress created a series of novel proceedings for private parties to challenge issued patents before the newly formed Patent Trial and Appeal Board (PTAB). While the PTAB proceedings are immensely popular, they have also been controversial. A series of […]
Wow, this month’s SSRN reading list is full of some of my favorite administrative law/public law scholars, including Bulman-Pozen, Heise, Lawson, Metzger, Michaels, Pozen, Sharkey, Stack, and Sunstein! And the papers are fascinating. Here is the February 2018 edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law […]
I was so excited to see Abbe Gluck’s latest article (with Richard Posner)—Statutory Interpretation on the Bench: A Survey of Forty-Two Judges on the Federal Courts of Appeals—hit the Harvard Law Review press over the weekend. Gluck’s empirical and theoretical work on legislation and statutory interpretation is always a must-read, and this article is no […]
Kent Barnett and I recruited political scientist Christina Boyd as a coauthor to mine our Chevron in the circuit courts dataset in a more sophisticated manner. We just posted to SSRN a draft of our latest article from this dataset—Administrative Law’s Political Dynamics—which is forthcoming in the Vanderbilt Law Review. I’ll be blogging more about this […]
Last November the Supreme Court heard oral argument in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC to consider whether certain agency adjudications at the U.S. Patent and Trademark Office are unconstitutional because they strip parties of their private property rights in a non-Article III forum and without a jury. At oral argument, the justices raised […]
This month’s SSRN reading list likely constitutes the calm before the storm of new administrative law scholarship, as the spring law review season opens up and scholars begin posting new articles to SSRN. But January was still a solid month for new scholarship. Here is the January 2018 edition of the most-downloaded recent papers (those […]