Administrative law roundup
- “”Administrative State Is THE Leading Threat to Civil Liberties of Our Era'”: Nick Gillespie interview with Philip Hamburger at Reason;
- Beyond the deference debates: White House Counsel Don McGahn speaks on Chenery I v. Chenery II, fair notice and retroactivity [Aaron Nielson, Yale Journal on Regulation “Notice and Comment”; related, Josh Blackman] Federalist Society convention videos includes panels on the administrative state and agencies and the judiciary with Steven Calabresi and Gillian Metzger, Congress with C. Boyden Gray and Keith Whittington, the executive branch with Susan Dudley and Neomi Rao, and recent regulatory rollbacks with John Allison and Philip Hamburger;
- Michael Rappoport writing at Law and Liberty lately on such topics as reconfiguring administrative law to promote deregulation, a reformed REINS Act, insisting on stricter separation of powers within agencies including adjudication, and deference doctrines including Chevron (contra preferentum? No thanks), Auer (shares Chevron’s faults) and Skidmore (demonstrations of agency expertise). And Michael Greve on some historical and comparative-law perspectives;
- CSAS (George Mason/Scalia Law) December conference on judicial review of agency action with papers by Jerry Ellig and Reeve Bull, Kristin Hickman and Mark Thomson, Aaron Nielson, Nicholas Parrillo, and Jeffrey Pojanowski, full conference and video links with Andrew Grossman, Adam White, and many others;
- Manipulable: recent Section 8 housing case points up “how easily courts can side-step Auer deference if they have a mind to do so” [Rick Hills, PrawfsBlawg]
- Digital Realty v. Somers, on SEC definition of Dodd-Frank whistleblower, could give Justice Gorsuch an opening to strike blow against excessive judicial deference to agencies [Ilya Shapiro]
Administrative law roundup is a post from Overlawyered - Chronicling the high cost of our legal system
Administrative law roundup curated from Overlawyered
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