The Imperious Presidency - Legal Planet
Trump's executive orders exude disdain for expertise, antagonism toward his opponents, and a relish for power.| Legal Planet
Administrative Law — Unemployment benefits — Motion for reconsideration After denying Tijon Cox’s application for Pandemic Unemployment Assistance benefits and holding two hearings on his administrative appeal, the Maryland Department of Labor’s Division of Unemployment Insurance (the “Agency”) issued a notice upholding the denial and giving Mr. Cox until March 3, 2022 to file an appeal with its Board of Appeals (the “Board”). The post IN THE MATTER OF THE PETITION OF TIJON M....| Maryland Daily Record
In May, Congress effectively killed the most recent efforts by California to clean up its vehicle fleet. Although many people seem to have assumed the contrary, this may not be the end of the road for California regulators. A new court of appeals decision is an encouraging signal that California may be able try again when the political forces in DC are less militantly anti-environmental.| Legal Planet
Trump's executive orders exude disdain for expertise, antagonism toward his opponents, and a relish for power.| Legal Planet
Scholar argues that regulation should be thought of as a verb, because regulating well demands dynamic and ongoing effort.| The Regulatory Review
Support Notes on the Crises! Hello readers; I’m long overdue for major updates across a whole range of issues. I have continued to work full time on Notes on the Crises but the work of setting up a physical office takes significant time and energy. Among other things, I| Notes on the Crises
The recent decision in SpaceX v. NLRB, finding the Board’s structure unconstitutional, heightens the urgency for those litigating like cases to reconsider their approach. The post Embracing the Purely Adjudicatory Administrative Agency: The Case for a Labor Court appeared first on Just Security.| Just Security
A response to critics of alleged judicial overreach in the face of legislative and governmental arbitrariness| Double Aspect
Dismissal of neglect finding — preemption| Maryland Daily Record
Today's Supreme Court’s judgment in Shvidler v Foreign Secretary addresses key issues about the role of courts generally and appellate courts in particular when it comes to applying the proportionality test — and a powerful dissent from Lord Leggatt discloses a sharp division of judicial opinion about the proper nature of the judicial role in this context.| Public Law for Everyone
The Information Commissioner’s Office (ICO) Annual Report for 2024/25 released last week sadly provides evidence of a severe […]| UK Constitutional Law Association
This is the second installment in the Notes on the Crises series on the IRS. While the first essay traced how the agency has become a political target and potential tool of authoritarianism, this piece investigates how DOGE’s so-called tech modernization efforts may further entrench those risks.| Notes on the Crises
How Trump, DOGE, and Project 2025 Are Turning the IRS Into a Tool of Authoritarian Rule Editor’s Introduction: Hello readers, it's Nathan Tankus and I am very happy to bring to you the first in a long multi-part series on the IRS spearheaded by Anisha Steephen.| Notes on the Crises
Early last week I started working on a piece on why the Federal Reserve didn’t step in during the Trump Tariff Financial Panic. The basic idea of that piece is simply that “repo rates”- the interest rate at which you can, in essence, borrow funds| Notes on the Crises
Subscribe I have ended up taking a lot longer to write up my biggest picture thoughts on the dollar than I initially expected. Partially this is because things seem to have stabilized- for now- and thus I didn’t feel the pressure to rush a piece out. Just yesterday China| Notes on the Crises
I’d like to begin with a tip of the hat to my former Federal Trade Commission (FTC) colleague Tara Koslov, who recently announced her retirement from the FTC after more than 28 years of service. Tara and I agreed on much, but far from everything. Heck, I have it on good authority that she hated ... The More Things Change: Exits, Reversals, and the Revolving Door The post The More Things Change: Exits, Reversals, and the Revolving Door appeared first on Truth on the Market.| Truth on the Market
There is much to learn from a recent English decision on police impartiality| Double Aspect
This week’s blog entry come to me courtesy of Clinical Law Prof. Emeritus Leonard Sandler of the University of Iowa Law School. It asks the question of whether a landlord can charge a pet deposit for an ESA (emotional support animal). Loper Bright also comes up as well. The case of the day is Henderson... Continue Reading| Understanding the ADA
When a federal agency reverses course, the Supreme Court has a test to determine whether that agency action is impermissibly “arbitrary and| Drug & Device Law
Despite the Ministry of Justice releasing some helpful but limited data relating to judicial reviews, it is hard […]| UK Constitutional Law Association
A little bird (ok, a normal-size adult human being) has asked me a question about the U.S. Supreme Court’s recent decision in Trump v. CASA. It might not be the question on the tip of everyone’s tongue, although it’s a natural one for those interested in competition policy, administrative law, or all things (or at ... Mi CASA es Mi CASA The post Mi CASA es Mi CASA appeared first on Truth on the Market.| Truth on the Market
Noah Miller, MJLST Staffer The concept of widespread surveillance of public areas monitored by artificial intelligence (“AI”) may sound like it comes right out of...| LawSci Forum
Yanan Tang, MJLST Staffer| LawSci Forum
President Donald Trump is off to a fast start in his second term in the White House. Along with a bevy of other consequential actions, the president has called into question the constitutionality of the Federal Trade Commission’s (FTC) independence. At first blush, the U.S. Supreme Court’s 1935 decision in Humphrey’s Executor v. United States ... The Modern FTC and Distinguishing Humphrey’s Executor The post The Modern FTC and Distinguishing Humphrey’s Executor appeared first on Tru...| Truth on the Market
No, not quite. Frequent readers of my Truth on the Market posts (and I hope that the plural form is not self-delusion) may recall my March musings about “What Changes Might, and Should, a New FTC Majority Bring?” I wondered whether a new Federal Trade Commission (FTC) majority might drop, among other things, the rushed ... RIP RPA? The post RIP RPA? appeared first on Truth on the Market.| Truth on the Market
The Gardner presumption, also known as the pro-veteran canon, is a substantive canon of interpretation named after the Supreme Court case Brown v. Gardner. The canon instructs courts to construe ambiguous statutes concerning veterans’ benefits in favor of the veteran. While the canon today rarely acts as a tiebreaker, it has historically represented a strong congressional intent to care for veterans. The post Codify <em>Gardner</em> appeared first on Harvard Law Review.| Harvard Law Review
Over two decades after then-Professor Elena Kagan published her seminal article Presidential Administration, presidential involvement in agency action has increased so much that it...| Harvard Law Review
A public resource tracking all the legal challenges to the Trump administration's executive orders and actions. The post Litigation Tracker: Legal Challenges to Trump Administration Actions appeared first on Just Security.| Just Security
I have a lot of writing to get out over the next couple of weeks, especially following up on the Trump Tariff Crisis and the Future of the Dollar. I also need to dig back into the state of play at the Bureau of Fiscal Service. Today however, it's important| Notes on the Crises
The requirements of due process are often minimal, but still important.| Double Aspect
Given recent events, I felt it was finally time to come back and publish this piece. Most of my writing was going to be devoted to piercing the ideology of central bank independence so that the Federal Reserve would be treated like an independent administrative agency like any other.| Notes on the Crises
This talk, entitled “Monetary Sovereigns, Monetary Subjects and Monetary Vassals: A Spectrum Approach to Monetary Sovereignty and Our Dollar World”, lays out the basic building blocks of how I think about the international monetary order.| Notes on the Crises
By: Cullen Irwin With the advent of a new administration and the overturning of Chevron comes deregulation initiatives across several industries, creating a slew of implications for drug regulation under the watch of the newly minted Secretary of the Department of Health and Human Services, Robert Kennedy, Jr. (RFK Jr.). RFK Jr.’s confirmation resulted in significant […] The post Regenerative Regulation: What RFK Jr.’s Leadership Means for the Stem Cell Industry appeared first on Wake ...| Wake Forest Law Review
The Supreme Court’s judgment in R (The Spitalfields Historic Building Trust) v London Borough of Tower Hamlets [2025] UKSC 11 traverses some important ground concerning the principle of legality and heightened-scrutiny rationality review — and serves as a reminder that a good deal of work remains to be done if doctrine and principle are to […]| Public Law for Everyone
By: Madison Doser On Friday, March 14, President Trump issued an Executive Order eliminating the Institute of Museum and Library Services (“IMLS”) as part of his continued effort to reduce the size of the federal bureaucracy.[1] This executive order effectively cut seven government entities that the President determined were unnecessary.[2] The flurry of executive orders passed […]| Wake Forest Law Review
The “common good constitutionalism” motte-and-bailey revisited, and why due process matters to the moderns as well as the ancients| Double Aspect
Yesterday, Acting SEC Chair Mark Uyeda delivered remarks to the Investment Company Institute’s 2025 Investment Management Conference. While much of his presentation was specific to investment companies, the theme of his remarks had a more general application: a revised—revived?—blueprint for SEC rulemaking processes. This is certainly not the first time that Uyeda has been critical of the SEC’s rulemaking process (see, e.g., this PubCo post and this PubCo post), but now, as Acting...| Cooley PubCo
The judgment of Chamberlain J in KP v Foreign Secretary revisits and clarifies some fundamentals about the nature of substantive judicial review. In doing so, it reminds us that the ‘proporti…| Public Law for Everyone
At the end of last year, in this post on the CLS Blue Sky Blog, two leading authorities on securities law, Professors John C. Coffee, Jr. and Joel Seligman, made some predictions about SEC regulation under the new Administration. (See this PubCo post.) In light of their concerns about the potential changes to the SEC under the new Administration, they announced their intent to form a “Shadow SEC,” composed of acknowledged experts in securities regulation, intended to encourage debat...| Cooley PubCo
I don’t really know what to say. I’ll figure out what to say another time. Paul Krugman, who recently left the New York Times, interviewed me for his newsletter and the transcript of the conversation, as well as the video, are being posted in both of our newsletters.| Notes on the Crises
Notes on the Crises pivoted on February 1st into around the clock coverage of the Trump-Musk Treasury Payments Crisis of 2025 Read Part 0, Part 1, Part 2, Part 3, Part 4, Part 5 & Part 6 If you are a current or former career Bureau of the Fiscal Service Employee,| Notes on the Crises
UPDATE 4:21 PM: MARKO ELEZ HAS RESIGNED. WALL STREET JOURNAL CLAIMS IT WAS OVER "RACIST POSTS". OBVIOUSLY NOT TRUE- WIRED, TALKING POINTS MEMO AND I GOT HIM. NEED TO REST, MORE TOMORROW Notes on the Crises pivoted over the weekend into around the clock coverage of the Trump-Musk Treasury| Notes on the Crises
Notes on the Crises pivoted over the weekend into around the clock coverage of the Trump-Musk Treasury Payments Crisis of 2025 Read Part 0, Part 1, Part 2, Part 3 & Part 4 If you are a current or former career Bureau of the Fiscal Service Employee, especially if you’re| Notes on the Crises
If you are a current or former career Bureau of the Fiscal Service Employee, especially if you’re a legacy IT programmer with years of experience and especially if you are a COBOL programmer currently working on the PAM, SPS or any other adjacent team, contact me over email or| Notes on the Crises
If you are a current or former career Bureau of the Fiscal Service Employee, especially if you’re a legacy IT programmer with years of experience and especially if you are a COBOL programmer currently working on the PAM, SPS or any other adjacent team, contact me over email or| Notes on the Crises
Government proposals to streamline judicial review of decisions authorising major infrastructure projects have been branded ‘Trumpian’. As well as being misplaced, such criticisms risk …| Public Law for Everyone
If you are a current or former career Bureau of the Fiscal Service Employee, especially if you’re a legacy IT programmer with years of experience and especially if you are a COBOL programmer currently working on the PAM, SPS or any other adjacent team, contact me over email or| Notes on the Crises
This is a free piece of Notes on the Crises. Reader support which makes my Freedom of Information Act project, archival research and general writing possible (including my #MonetaryPolicy201 series). Monday is the last day paid subscriptions are 50% off so take advantage while you still can Please recommend an| Notes on the Crises
Please recommend an institutional subscription to your academic library or employer (details here) The debt ceiling was unsuspended January 1st of this year which means the debt ceiling is back. According to now-former Treasury secretary Janet Yellen, they began using “extraordinary measures” to avoid hitting the debt ceiling as of| Notes on the Crises
New Zealand’s government wants better regulation. Is it going about it the right way?| Double Aspect
Trump has shifted from Project 2025 to the America First Agenda, the blueprint for his transition team. Turns out to be pretty much the same thing.| Legal Planet
Trump says he could gut agency budgets regardless of Congress, a radical shift in the separation of powers.| Legal Planet
In Loper Bright v. Raimondo, which overturned the 40-year-old doctrine of Chevron deference (see this PubCo post), SCOTUS highlighted the continued relevance of the doctrine articulated in Skidmore…| Cooley PubCo
Trump has vowed to destroy the “deep state” using “Schedule F." Here is what you need to know about why this plan imperils good government and is probably illegal.| Legal Planet
The D.C. Circuit refused to stay a major Biden climate rule. Since a very conservative judge joined the opinion, chances on appeal are good.| Legal Planet
As has been widely discussed, the administrative state took quite a shellacking this last SCOTUS term. But as I noted earlier, it wasn’t just the elimination of Chevron deference in Loper Bright (s…| Cooley PubCo
When the Supreme Court overruled Chevron, what did the Court put in its place? Is the change that earthshaking or is it just a course-correction.| Legal Planet
by Barbara Pfeffer Billauer Legal pundits are predicting the imminent demise (or at least substantial enfeeblement) of the Chevron doctrine. Until recently, that case afforded substantial judicial deference to decisions made by administrative agencies if a statutory provision under its purview was ambiguous. Now two cases are before the Supreme Court challenging an agency interpretation| Bill of Health - The blog of the Petrie-Flom Center at Harvard Law School
Trump not only wants to roll back all federal climate policies; he also wants to ramp up fossil fuel production through the roof. A true climate arsonist.| Legal Planet
Christhy Le, MJLST Staffer| LawSci Forum
I mentioned in a previous post that Progressivism has a curious definition of “democracy” that largely takes the form of unaccountable administrative agencies wielding enormous power to regulate people’s behavior. Perhaps the most extreme example of administrative power—the Independent Payment Advisory Board, or IPAB—is the subject of the latest constitutional challenge to Obamacare to be […]| The Volokh Conspiracy
