eczoldan.bsky.social
Law professor researching administrative law, legislation, separation of powers, and state and local government.
Articles here: https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1449563
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If it takes MLR more than 4 days to (inevitably) reject, then I consider it a constructive acceptance. It's in the bylaws.
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Congrats!
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Addressing some common misconceptions about the comment process:
Comments on rules really do matter! They are easy to submit! You don't have to be an expert!
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Second, there can be no lawful, meaningful deregulation that does not involve Congress. Congress writes the statutes that create our country’s regulations. The executive branch can shape regulations, but only on the margins. If you want major reform, you need Congress to change the laws.
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The claim that the destruction of essential civilizational institutions is being done in the name of the Jews is itself a form of antisemitism—cultural vandalism carried out in our name.
That, my friends, is rank bullshit.
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Congratulations!
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How about Wellness Int'l v. Sharif?
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I will look forward to seeing how the argument plays out. //
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I didn't see a cite to Constantineau in its procedural due process count, however.
Constantineau: "Where a person's good name, reputation, honor, or integrity is at stake because of what the government is doing to him, notice and an opportunity to be heard are essential." /
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Beats me. Maybe some journals decided not to review expedite requests?
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Same. Only two responses to an expedite request to 17 journals a week ago.
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I think the False Claims Act, which has a qui tam process, could play an important role for recovering funds that are improperly funneled away.
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Musk’s behavior goes well beyond bad policies, to be sure, but I think delegation to nonexperts is one way to think about the lawlessness of the last few days.
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As a result, nonexperts are apt to act in a way that is not only unable to accomplish Congress’s goals, but moreso, act in a way that is arbitrary and capricious. /
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Unlike agency officials or private delegates who are members of the industries they regulate, nonexpert delegates are not only unaccountable to the public but also unrestrained by reputational concerns, as members of an industry tend to be. /
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I wrote about this during the first Trump term.
Delegation to Nonexperts: papers.ssrn.com/sol3/papers.... /
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virginialawreview.org/articles/sta...
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I think that is what some have called "Statutory History." Anita Krishnakumar has a very good article about it with the same title.
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That is, you can say, "here is an idea, but it's not legal analysis because I am cabining long-standing interpretations, text, etc."
But that's not the same thing as skipping the legal materials but still saying you are doing legal analysis. //