Administrative Law

Non-Sequiturs

Non-Sequiturs: 08.26.18

* Jane Genova explores the implications of Jones Day's representation of the embattled Cardinal Donald Wuerl, former bishop of Pittsburgh. [Law and More] * Why did President Trump (or his personal lawyers) allow White House Counsel Don McGahn to speak so freely to special counsel Robert Mueller? Here are some thoughts from veteran litigator Joel Cohen. [The Hill] * As I recently discussed with Judge Jeffrey Sutton, Chevron-style deference to administrative agencies is being reconsidered in a number of states -- and you can add Ohio to that list, as Eugene Volokh notes. [Volokh Conspiracy / Reason] * Charles Glasser calls out the Washington Post for its selective invocation of the value of transparency. [Daily Caller] * If you're an ambitious law student or lawyer, then you need to watch your words on social media, as this report from Patrick Gregory makes clear. [Big Law Business] * The justices will consider more than 1,000 certiorari petitions at the "long conference" on September 24 -- and Adam Feldman identifies some of the standouts. [Empirical SCOTUS] * Speaking of SCOTUS, if you'll be in or near New Haven this coming Wednesday, please join me and Linda Greenhouse for a wide-ranging discussion of President Trump's transformation of the federal judiciary. [Yale Federalist Society] * The World Bank launches the world’s first BONDI, or "blockchain operated new debt instrument," with an assist from King & Wood Mallesons. [Artificial Lawyer]

By David Lat
Non-Sequiturs

Non-Sequiturs: 07.08.18

* After the D.C. Circuit, which circuit has produced the most justices who have joined the Supreme Court after 1900? The answer might surprise you. [Empirical SCOTUS] * Here are thoughts on the SCOTUS shortlisters from my colleague Joe Patrice -- who explains why it's unlikely we'll get another Souter. [The Takeaway / WNYC] * Here are where the leading Court candidates stand on issues of admin law, courtesy of Chris Walker and company. [Notice & Comment / Yale Journal on Regulation] * And here's a response to my argument that liberals shouldn't panic about SCOTUS, from San Francisco litigator Gordon Renneisen. [Law360] * Leah Litman believes that the new justice spells trouble for Roe -- but the specific reasoning for undermining Roe could take different forms. [Take Care] * Josh Blackman explains why court packing would be neither feasible nor wise. [National Review] * Veronica Root uses law clerk hiring as a jumping-off point to explain why diversity and compliance are deeply intertwined. [PrawfsBlawg] * "Mysterious men and women in wizard-like robes make decisions in private that profoundly shape our lives." Are we talking about SCOTUS, or... The Incredibles? [Gizmodo]

By David Lat
Morning Docket

Morning Docket: 01.13.17

* The University of Houston Law Center and the South Texas College of Law Houston (formerly known as the Houston College of Law and the South Texas College of Law) still haven't been able to resolve their trademark tiff. A judge has encouraged both law schools to "keep at it" to avoid a trial. [Houston Chronicle] * Earlier this week, the House of Representatives passed the Regulatory Accountability Act of 2017, a bill ending Chevron deference -- perhaps the most important principal of administrative law. Apparently it will be much better for job creation and economic growth if judges ignore regulatory agencies' legal interpretations. [Law360 (sub. req.)] * Leslie Caldwell, the head of the Justice Department's criminal division, will be stepping down from her post today. She has no idea what's ahead of her aside from a trip to the Caribbean next week. As far as her prospective successor is concerned, she thinks accessing data on encrypted devices will be "problem No. 1 to address." [WSJ Law Blog] * A New Jersey judge has refused to dismiss a gubernatorial candidate's criminal complaint against Governor Chris Christie over the Bridgegate scandal, noting that a lower court judge "improperly denied counsel [to Christie] at a critical stage" of the case. If probable cause is found, Christie may face charges, just like his colleagues. [Reuters] * "Even if we could justify the need ... it is far from clear that the funding case could be made...." Given the turmoil at Charlotte Law, people are wondering whether it would be a good idea for UNC Charlotte to open a law school. Just because one law school may be closing, it doesn't mean that another needs to open in its place. [Charlotte Observer]

By Staci Zaretsky
Non-Sequiturs

Non-Sequiturs: 02.12.16

Ed. note: In honor of Presidents' Day, Above the Law will not be publishing on Monday. We hope everyone is able to enjoy a nice, long weekend! See you online on Tuesday. * What kind of constitution would the Rebels have written after overthrowing the Emperor? Let's take this all the way: what pseudonym would Jar Jar use in writing the Galactic Federalist Papers? [Business of Law Blog] * Did the recent "Madoff" miniseries really have to fixate so much on his Judaism? Sure, it was part of his identity, but didn't it kind of cross over into Shylock territory? [St. Louis Jewish Light] * The prosecution is starting to lay out the details in the case against Sunderland soccer player Adam Johnson for his relationship with a 15-year-old fan. [Screamer] * Reflecting on Chief Judge Judith Kaye's legacy of trial court reform. [Cityland] * Judge Sylvania Woods would be rolling over in his grave if he knew about the child porn scandal going on at his namesake school. [Katz Justice] * Weil Gotshal Chairman Barry Wolf better get used to being on the other side of the table -- he's subpoenaed to testify in a lawsuit over a condo dispute. [Dan Abrams] * "An Administrative Law Fairy Tale." [Library of Law and Liberty] * This is what happens when an NYC lawyer hangs out with the Marines and Navy for four days. [U.S. Naval Institute] * You think you're a ruthless lawyer? You aren't ruthless unless you're Sun Tzu ruthless. [Law and Disorder] * Here's an optimistic take on the future of Biglaw. [CodeX] * David Schwimmer playing the late attorney and father of a reality TV dynasty Robert Kardashian not doing it for you? Don't worry, Yeezy's got your back... literally. [People]

By Kathryn Rubino