Tag Archives: Administrative

The National Injunction and the Administrative Procedure Act

When a lower court decides that an administrative agency is acting unlawfully, may it enjoin the government from engaging in that practice anywhere in the nation, even if this relief would prevent any other lower court from adjudicating the validity … Continue reading

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Judge Kavanaugh’s Activist Vision of Administrative Law

Last October, Judge Brett Kavanaugh told the Heritage Foundation that statutory interpretation ideally “should be neutral, impartial, and predictable among judges of different partisan backgrounds and ideological predilections.” But he acknowledged that this is not the reality today. The Chevron … Continue reading

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della Cananea on Codifying EU Administrative Law

Giacinto della Cananea (University of Rome Tor Vergata – Law Department) has posted A Law on EU Administrative Procedures: Implications for National Legal Orders on SSRN.  Here is the abstract: Proposals of a general law on EU administrative procedure are debated in … Continue reading

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Judge Kavanaugh and Administrative Law

After Justice Anthony Kennedy announced his retirement from the U.S. Supreme Court in June, President Donald J. Trump nominated Judge Brett Kavanaugh to fill the position. Judge Kavanaugh has served on the U.S. Court of Appeals for the D.C. Circuit … Continue reading

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Excavating Congress’s Relationship to the Administrative State

Maggie McKinley, Petitioning and the Making of the Administrative State, 127 Yale L.J. 1538 (2018). Wyatt Sassman I am probably too early in my career to recognize a watershed piece of scholarship, but this sure seems like one to me. … Continue reading

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