Administrative Law Prof Blog

Recent Posts from Administrative Law Prof Blog


  • Failure to exhaust administrative remedies

    Another interesting discussion by J. Russell Jackson (New York City) on his Consumer Class Actions and Mass Torts blog, "Florida Federal Court Dismisses Class Action for Failure to Exhaust Administrative Remedies". The Florida Insurance Statute…

  • Theory: When regulation by litigation is not a good thing

    The belief that every wrong should have a remedy pushes courts into the regulatory business when the other branches of government have failed to take effective action and folks are getting shafted. There is much…

  • Lesson for regulators: You can't regulate based on nonpublic information

    Criminal matters sometimes arise in an administrative context, and vice versa. Welcome to the seamless web of the law. On his Customs Law blog, Lawrence Friedman (Barnes/Richardson, Chicago) has posted an instructive story, "Seventh Circuit…

  • New administrative law articles

    From the University of Washington's Current Index to Legal Periodicals: Bannister, Mark and Jon Tholstrup. Eligible telecommunications carrier designation, the Kansas case study 1997-2008. 18 Kan. J.L. & Pub. Pol'y 372-391 (2009). [H]|[L] |[W] Cushman,…

  • When don't you get "notice and an opportunity to be heard"?

    Another interesting item posted by Harvey Randall on his New York Public Personnel Law looks at the question of when the "notice and an opportunity to be heard" of due process does not require either.…

  • "He did the same thing I did, and they just slapped him on the wrist"

    Two goodies today by Harvey Randall on his New York Public Personnel Law blog. First, "Same offense, different disciplinary penalties imposed". Two different employees serving in the same agency are charged and found guilty of…

  • Advice on cooperating with investigators

    On his California License Law Blog, Fredrick M. Ray has posted "Should You Cooperate with the Board Investigator?" Opening paragraph: One of our most frequent issues at the firm is clients calling who have become…

  • Theory: Admin law as constitutional common law

    New on SSRN: "Ordinary Administrative Law as Constitutional Common Law" by Gillian E. Metzger (Columbia). Abstract: Last term, in Federal Communications Commission (FCC) v. Fox Television Stations, the Supreme Court expressly refused to link ordinary…

  • An administrative law story

    New on SSRN: "Geier v. American Honda Motor Co.: A Story of Statutes, Regulation and the Common Law" by Peter L. Strauss (Columbia). Abstract: This essay was written as a contribution to one of Foundation's…

  • Electronic rulemaking

    New on SSRN: "Legal Frameworks and Institutional Contexts for Public Consultation Regarding Administrative Action: The United States" by Peter L. Strauss (Columbia). Abstract: Written for a forthcoming book on e-governance and e-democracy, this essay summarizes…