Unfortunately, this will be a very quick post — I’m traveling today … in the snow. I love hate snow. It’s awful to wake up in the morning and see the world covered in it. Look, perhaps I wouldn’t hate snow so much if it only happened every once in a while. But it is […]
Today was a big day for the Yale Journal on Regulation. The Journal hosted a conference on “Regulatory Change & the Trump Administrative State.” I was able to participate on the “Changes in Administrative Law in the Courts” panel. Because the D.C. Circuit was quiet this week,* this post will address some of my remarks. […]
Apologies; this is a quick post. I’m traveling. Neomi Rao has now been confirmed. That event prompted a thought: How is Judge Katsas doing? Katsas, of course, was confirmed at the tail end of 2017. His experience may give Judge Rao a hint about what is in store. With that question in mind, my research […]
This week, Chief Judge Garland did something unusual, at least for him. He seasoned one of his decisions with a pop culture reference. I suspect he has done it before. (I’m certain he has if one counts Lewis Carroll as pop culture, though I suspect most folks do not.) But I can’t remember any off […]
No one likes being rejected. Many years ago, during my 1L summer, I was introduced to a partner at a law firm. For fluky reasons, we had time for a long conversation. At the end of it, this partner — sua sponte, I stress — gave me his card and said something like this: “During […]
It has been another quiet week in the D.C. Circuit — just one published opinion.* So what to write about? Well, here is something. The Court is looking for a court crier: What an interesting job. Very cool. Even so, that job posting is probably not enough to justify five minutes of your time (this […]
The D.C. Circuit did not decide any cases this week. So feel free to skip this post.* A few weeks back I participated in an ABA teleforum about Kisor v. Wilkie and the future of Auer deference. One thing that struck me during that conversation was how, well, slow administrative change can be. Folks have […]
There were just two opinions this week, and neither is especially relevant to administrative law.* Even so, I noticed something interesting. In United States v. Alvaran-Velez, the opinion notes that Carmen D. Hernandez was appointed to argue on behalf of the appellant. And Reid v. Hurwitz was argued by Caleb P. Redmond, a law student. […]
This was a quiet week in the D.C. Circuit — that is, unless you follow the FCC. If you are an FCC aficionado, today is a very big day. So big, in fact, that the Court issued special instructions, including: And some more: Yes, today is the “net neutrality” argument at the D.C. Circuit. This […]
This week President Trump officially nominated (again) Neomi Rao to the D.C. Circuit. That isn’t surprising. The Court is home to a fair number of law professors and prominent government officials. Rao, of course, is both. The Court decided just a couple of cases this week.* So why not spend a few minutes on Rao? […]
I love snow. It’s wonderful to wake up in the morning and see the world covered in it. Everything looks the same … but different. The air smells better. My kids and I can throw snowballs and — if there is enough of it — even go sledding. Now, perhaps I wouldn’t love snow so […]
Here is one of Judge Randolph’s favorite lines: A motion to [the court’s] discretion is a motion, not to its inclination, but to its judgment; and its judgment is to be guided by sound legal principles. I know it is one of his favorite lines because he has invoked it numerous times.* And for good […]
Federal circuit courts issue both published and unpublished decisions. I usually focus on the published ones. After all, unpublished opinions “do not carry the same weight in our common law system of precedent.” Yet sometimes unpublished decisions are quite important. As Will Baude has explained in an analogous context, we should also pay attention to […]
Note: The D.C. Circuit had a busy week, but I’m away on family business and only have time to write a quick post.* As regular readers of D.C. Circuit Review — Reviewed know, the saga of Browning-Ferris has been an unusual one. About a year ago, I authored a post entitled “Bye-Bye, Browning-Ferris.” And then […]
Two years ago, I wrote a lengthy post about Christmas in the D.C. Circuit. Last year, I updated it and posted it again. And this year, I will too. In fact, I think I’ll update it every year.* So here, you go — the story of Christmas in the D.C. Circuit. Be warned: Christmas is […]