Notice & Comment

Notice & Comment

Notice & Comment

Timeline for OIRA Nominees in New Administrations

Back in February 2021, in the early days of the Biden Administration, I wrote about when we might expect to see a nominee for the administrator of the Office of Information and Regulatory Affairs (OIRA). The conventional wisdom is that Cabinet heads go first and then the administration works its way down the hierarchy filling […]

Notice & Comment

“What Have the Romans Ever Done for Us?” Dismantling Neoliberal Pieties One Foundational Sector at a Time, by Yochai Benkler

*This is the fourth post in a symposium on Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand’s “Networks, Platforms, and Utilities: Law and Policy.” For other posts in the series, click here. “We encourage you to think of it as offering something like a liberal arts education in the structural foundations of American capitalism.” (p. […]

Notice & Comment

ACUS Adopts Recommendation to Improve Precedential Decision Making in Agency Adjudication

At its plenary session in December, the Administrative Conference of the United States (ACUS) voted to adopt a recommendation to improve precedential decision making in agency adjudication. This recommendation is based on my report with Melissa Wasserman and Matt Wiener entitled Precedential Decision Making in Agency Adjudication. Last week, those recommendations were published in the […]

Notice & Comment

An “Outsider’s” View of NPU Law and Policy, by Wendy Wagner

*This is the third post in a symposium on Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand’s “Networks, Platforms, and Utilities: Law and Policy.” For other posts in the series, click here. In the preface to the 1994 edition of Economic Regulation: Cases and Materials (a precursor to Networks, Platforms, and Utilities (NPU) Law & […]

Notice & Comment

On the Infrastructural Nature of NPUs, by Brett M. Frischmann

*This is the second post in a symposium on Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand’s “Networks, Platforms, and Utilities: Law and Policy.” For other posts in the series, click here. Networks, Platforms, and Utilities is the casebook I wish I’d written. It’s also the casebook I wish I’d had available for the past […]

Notice & Comment

From Handler’s Trade Regulation to Ricks, Sitaraman, Welton, and Menand’s Networks, Platforms, and Utilities, by William J. Novak

*This is the first post in a symposium on Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand’s “Networks, Platforms, and Utilities: Law and Policy.” For other posts in the series, click here. One of my prized possessions is an unsolicited letter I received after publishing my very first academic article in August 1993. The article, […]

Notice & Comment

Introduction to the Symposium on Networks, Platforms, and Utilities: Law and Policy, by Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand

*This is the introduction to a symposium on Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand’s “Networks, Platforms, and Utilities: Law and Policy.” For other posts in the series, click here. We are grateful to the Yale Journal on Regulation for hosting this symposium on our new law school casebook, Networks, Platforms, and Utilities: Law […]

Notice & Comment

Why the Supreme Court Avoided Using Traditional Tools of Statutory Interpretation in West Virginia v. EPA, by Rachel Rothschild

Debates and scholarship over what the major questions doctrine is—and what it will mean for administrative law—have proliferated since the Supreme Court’s decisions in Alabama Realtors v. HHS, NFIB v. OSHA, and West Virginia v. EPA. The Association of American Law Schools (AALS) annual meeting last week was no exception, with multiple panels on the […]

Notice & Comment

Annual Federalist Society AALS Debate—Resolved: The Major Questions Doctrine Has No Place in Statutory Interpretation

Last week at the annual meeting of the Association of American Law Schools (AALS) in San Diego, the Federalist Society hosted its annual faculty division debate, this year on whether the major questions doctrine has no place in statutory interpretation. I had the privilege of moderating, which was a lot of fun. Here’s the video […]

Notice & Comment

Fascinating Statement by Fed Chair Powell on Agency Independence

Delivered today at the Symposium on Central Bank Independence, Sveriges Riksbank, Stockholm, Sweden, and posted in full here: I will address three main points. First, the Federal Reserve’s monetary policy independence is an important and broadly supported institutional arrangement that has served the American public well. Second, the Fed must continuously earn that independence by […]