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 […]
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 […]
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 […]
It’s a new year, and we have a first with the SSRN Administrative Law Reading List series: There are only *seven* papers in the normal top ten. Weird. Maybe Professor Sohoni’s amazing paper on the major question doctrine counts as four papers? In all events, here is the December 2022 Edition of the most-downloaded recent […]
This coming week is the annual meeting of the Association of American Law Schools (AALS) in San Diego. I will be there from Thursday through Saturday, and I hope to catch up those who will be attending. The administrative law programming at the AALS annual meeting looks terrific. Here’s a list of the programming that […]
Since 2015, I’ve had the privilege of serving as co-editor, currently with the brilliant Miriam Seifter, of the the Administrative Law Section of The Journal of Things We Like (Lots) (“Jotwell”). As I first noted on the blog eight years ago, Jotwell is a terrific resource for administrative law practitioners and scholars. Roughly once a month, Jotwell’s Administrative Law Section […]
Perhaps unsurprisingly, the major questions doctrine (MQD) is trending in administrative law scholarship with six of the top-ten most-downloaded papers in October focused on the subject. I expect even more to come, and Beau Bauman will no doubt need to update his super-helpful MQD reading list in the new year. On a personal note, it’s […]
*This is the seventh post in a symposium on Jed Stiglitz’s “The Reasoning State.” For other posts in the series, click here. Over the last month or so, it has been such a thrill to host two book symposia here at the blog—the first one on Peter Shane’s Democracy’s Chief Executive and now this one on […]
Here is the October 2022 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. For more on why SSRN and this eJournal are such terrific resources for administrative law scholars and practitioners, check out my first post on the subject here. You can […]
*This is the eighth post in a symposium on Peter Shane’s “Democracy’s Chief Executive: Interpreting the Constitution and Defining the Future of the Presidency.” For other posts in the series, click here. For the first decade of my academic career, I shared an office wall with Peter Shane. As I have reminisced elsewhere, Peter’s mentorship (and […]
Join us for the annual ABA Administrative Law Conference! We have twenty substantive panels scheduled virtually over two days (December 1-2, 2022), with ability to watch and participate live in eight panels and then watch recordings of the other twelve panels on the virtual platform over the next month. The full schedule is available here, […]
Over the last year, Melissa Wasserman, Matt Wiener, and I have been studying the role of precedential decision making in federal agency adjudication for a project commissioned by the Administrative Conference of the United States (ACUS). As part of the study, we interviewed adjudicators and other officials in twenty agency adjudication systems. We just posted […]
Here is the September 2022 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. Testing Textualism’s ‘Ordinary Meaning’ by Tara Leigh Grove (90 George Washington Law Review 101 (2022)) The National Security Consequences of the Major Questions Doctrine by Timothy Meyer & Ganesh Sitaraman (Michigan Law Review forthcoming) Is Criminal Law Unlawful? by Paul […]
My colleagues Dan Deacon and Leah Litman have a new paper coming out in the Virginia Law Review, entitled The New Major Questions Doctrine, which explores and criticizes the Supreme Court’s decisions from last Term that created a clear-statement rule for statutory delegations to federal agencies to regulate issues of great political, policy, or economic […]
Education Committee of the ABA Section of Administrative Law and Regulatory Practice Presents Reviewing the Department of Education’s Proposed Title IX Regulations Tuesday October 4, 2022 12 pm – 1:00 pm Eastern Time Via Zoom In June, the Department of Education proposed new Title IX regulations that will change how educational institutions nationwide respond to […]