This blog is hosted by the Yale Journal on Regulation — so I usually focus on blogging on, you know, regulation. Funny that. This week, however, I am making an exception. You see, I have an important public service announcement: If a foreign state is spying on you, there is a good chance you can’t […]
The D.C. Circuit decided three cases — and the NLRB lost in two of them. Throw in the NLRB’s loss last week and it has been a rough stretch for the agency. In ABM Onsite Services – West, Inc. v. NLRB, Judge Griffith — joined by Judges Srinivasan and Millett — addressed whether workers who […]
I don’t know much — or, rather, really anything — about military strategy. And I suspect that is true for a great many judges. Nonetheless, the judiciary often invokes the language of war. Solicitor Generals are addressed as General So-and-So. Judges speak of “soldiering on” and “barrages.” But perhaps my favorite military expression used by […]
Today the D.C. Circuit applied the Prill doctrine. There are many things about administrative law that I do not know well, but Prill is not one of them. In fact, Daniel Hemel and I are currently working on an article all about Prill (which we dub Chevron Step One-and-a-Half). We’ll publish it later this year. […]
One of the most important cases the D.C. Circuit decided last year was the so-called Amtrak case. As I mentioned last month, the government’s cert petition was due February 6th. No petition, however, was filed. Instead, the United States determined that it would not seek certiorari at all. Accordingly, the panel decision — with its […]
It is a busy time for administrative law — just count the number of posts of late. But the D.C. Circuit has been quiet. This week, we have just two cases, and one of them is about cheating on a test. Really. Let’s start with the “cheating” case: Chenari v. George Washington University. Here, Judge […]
I have a confession: I don’t really care about this year’s Super Bowl. Atlanta is a lovely place — I’ve been there once — but I have literally no opinion about the Atlanta Falcons. And although I lived in Massachusetts for a time, I prefer not to think about it.* But one thing about the […]
Standing is a big deal. Most agree, for instance, that the law professors suing President Trump about the Emoluments Clause “pretty clearly lack Article III standing.” Likewise, the States, members of Congress, and interest groups seeking to intervene in PHH Corp. v. CFPB no doubt are going to face a fierce challenge to their standing. […]
Eight years ago I was a law clerk for the D.C. Circuit — and I had a great view of the U.S. Capitol. In fact, my view was almost postcard perfect. Further, as you no doubt recall, January 2009 was an eventful time in the city. It does not happen often that a new President […]
I received an email this morning from a friend observing that “it’s like the D.C. Circuit is actively trying to undermine your column by never issuing any opinions!” Perhaps. We are two weeks into 2017 and the D.C. Circuit has said nothing.* What should I do? Take the week off I suppose. That said, here […]
Last week I wrote a special edition of D.C. Circuit Review – Reviewed dedicated to the Tenth Circuit’s Appointments Clause decision. This week, the D.C. Circuit issued no opinions. So I’ve decided to again look beyond the D.C. Circuit to see what else is happening in the wide, wide world of administrative law. It turns […]
“Arbitrary does not mean capricious.” That’s a pretty good line — I’m glad I wrote it!* Last year, I explained that although New Year’s Day is, in a sense, a silly holiday (Yay! Let’s celebrate the calendar!), “[t]he fact that January 1st is arbitrarily set as the first day of the year doesn’t mean we […]
Extra, extra — Tenth Circuit explicitly disagrees with D.C. Circuit regarding SEC administrative law judges. This is a special, midweek edition of D.C. Circuit Review — Reviewed. The Tenth Circuit just created a circuit split with the D.C. Circuit about an important constitutional question. Earlier this year, the D.C. Circuit held that SEC Administrative Law […]
This Christmas Eve, I’ve decided to explore the D.C. Circuit’s history with Christmas. It turns out to be a pretty interesting history. (It also turns out that Christmas is not always a time of happiness.) Consider, for instance, the case of Anderson v. White, decided by the Court of Appeals for the District of Columbia […]
This has been a fairly quiet week in the D.C. Circuit. We have four cases — none of which is a blockbuster. Yet one case in my particular caught my attention: Angelene Hardaway v. District of Columbia Housing. Here’s why: The prevailing attorneys (Dina B. Mishra and Steven H. Goldblatt) were “appointed by the court,” […]