Emerson on the Guidance Exception to Notice-and-Comment Rulemaking

Blake Emerson (UCLA School of Law) has posted The Claims of Official Reason: Administrative Guidance on Social Inclusion (Yale Law Journal, Forthcoming) on SSRN.  Here is the abstract: This Article examines the legal validity and effect of recent administrative actions concerning civil rights and social inclusion. Agencies under the Obama Administration issued “guidance” concerning sexual assault and harassment on college campuses, transgender rights, the use of arrest and conviction records in employment decisions, and deferral of deportation proceedings against undocumented immigrants. These actions have either been set aside by circuit courts or rescinded under the Trump Administration, in part on the grounds that they were issued without notice-and-comment rulemaking. Nonetheless, two district courts have blocked the Trump Administration’s rescission of the deferred action program because the government failed to take into account the…

Read more detail on Recent Legal Theory posts –

This entry was posted in Legal Theory and tagged , , , , . Bookmark the permalink.

Leave a Reply