George Washington Law Review 2014 Symposium: The FTC at 100
The George Washington Law Review‘s held its 2014 Symposium, The FTC at 100: Centennial Commemorations and Proposals for Progress, on Saturday, November 8, 2014, in Washington, D.C. This year’s symposium, hosted in conjunction with George Washington Law Professor and former FTC Chairman William E. Kovacic, aimed to celebrate the successes of our nation’s oldest federal regulatory... Read More
The Administrative Conference at 50: GW Law Review & ACUS Commemorative Project
2014 marks the [addlink url=”http://www.acus.gov/50″ text=”50th Anniversary of the Administrative Conference”] of the United States. The Conference, which came into being when President Lyndon B. Johnson signed the Administrative Conference Act (Public Law 88-499) in August 1964, is dedicated to improving the administrative process through the provision of applied research and nonpartisan expert advice and recommendations... Read More
Supreme Court Amici Cite GWLR in Four October 2014 Cases
The George Washington Law Review has been cited by amici curiae in four cases set for argument in the Supreme Court’s October 2014 term. Brian J. Love’s article Why Patentable Subject Matter Matters for Software, 81 Geo. Wash. L. Rev. Arguendo 1, 9-10 (2012), was cited by amici—including Google, Dell, and Hewlett-Packard—in support of respondents... Read More
GWLR Welcomes New Members
The George Washington Law Review is pleased to welcome the following new members to Volume 83: Eric Aberg Luis Andrade Nathalie Baker Daniel Bernard Linden Bernhardt Michael Carpenter Christian Chaney Andrew Chesser Christopher Citro Alexaida Collet-Echevarria Shelby Cuomo Jarad Daniels Joseph Drummey Eric Elliott Thaddeus Ewald Patrick Fenior Laura Ferguson Joshua Flood Ruben Garcia James... Read More
Rethinking Auer Deference: Agency Regulations and Due Process Notice
Derek A. Woodman · October 2014 82 GEO. WASH. L. REV. 1721 (2014) Since 1945, the Supreme Court has struggled to determine the level of deference that is due to an agency’s interpretation of regulations that the agency promulgates. For decades, and with little discussion, the Supreme Court has given an agency interpretation controlling weight. Concerned with... Read More
Changing the D.C. Circuit’s Approach to Changes in Interpretive Rules
Rebecca Wernicke · October 2014 82 GEO. WASH. L. REV. 1699 (2014) In Mortgage Bankers Ass’n v. Harris, the D.C. Circuit applied a disfa- vored doctrine for the first time in fourteen years to invalidate an agency’s change to an interpretive rule, holding that the agency needed to undertake notice-and-comment rulemaking in order to make the change.... Read More
Requiring Meaning for the Affordable Care Act’s Prohibition on Annual Limits
Matthew Thrasher · October 2014 82 GEO. WASH. L. REV. 1674 (2014) The Patient Protection and Affordable Care Act, commonly known as “Obamacare,” includes a provision that prohibits insurers from setting annual or lifetime limits to the “dollar value” of coverage for essential health benefits. This element of the law was meant to protect patients with chronic... Read More
Science in the Modern Administrative State: Examining Peer Review Panels and the Federal Advisory Committee Act
Gregory Morrison · October 2014 82 GEO. WASH. L. REV. 1654 (2014) The use of science is integral to the modern administrative state. Scientific studies conducted by government agencies ought to be subject to peer review by external experts. The government’s current use of such outside experts, however, is subject to many constraints—notably the Federal Advisory Committee... Read More
Presidential Influence Over Agency Rulemaking Through Regulatory Review
Peter Ketcham-Colwill · October 2014 82 GEO. WASH. L. REV. 1622 (2014) Under Executive Order 12,866, the Office of Information and Regulatory Affairs (“OIRA”) is responsible for ensuring that regulatory actions taken by federal agencies are consistent with the President’s priorities and do not conflict with the policies or actions of another agency. Although issued by... Read More
The Ordinary Remand Rule and the Judicial Toolbox for Agency Dialogue
Christopher J. Walker · October 2014 82 GEO. WASH. L. REV. 1553 (2014) When a court concludes that an agency’s decision is erroneous, the ordi- nary rule is to remand to the agency to consider the issue anew (as opposed to the court deciding the issue itself). Although the Supreme Court first articulated this ordinary remand rule... Read More