“Good Cause” Is Cause for Concern
James Yates 86 Geo. Wash. L. Rev. 1438 The Administrative Procedure Act (“APA”) generally requires that all federal administrative rules undergo public “notice and comment.”... Read More
Chartering Fintech: The OCC’s Newest Nonbank Proposal
Elizabeth J. Upton 86 Geo. Wash. L. Rev. 1392 The Office of the Comptroller of the Currency is responsible for ensuring federally chartered banks’ safety... Read More
Use of the Congressional Review Act at the Start of the Trump Administration: A Study of Two Vetoes
Stephen Santulli 86 Geo. Wash. L. Rev. 1373 Once regarded as a legislative dead letter, the Congressional Review Act (“CRA”) gained new vitality in 2017... Read More
Lying in Wait: How a Court Should Handle the First Pretextual For-Cause Removal
Richard Rothman & Katelin Shugart-Schmidt 86 Geo. Wash. L. Rev. 1348 The legal limits of for-cause removal protections for executive officials have barely been defined,... Read More
Defying Debarment: Judicial Review of Agency Suspension and Debarment Actions
Samantha Block 86 Geo. Wash. L. Rev. 1316 Judicial review of agencies’ suspension and debarment decisions is currently in flux. Recently, courts are more closely... Read More
Topic Modeling the President: Conventional and Computational Methods
J.B. Ruhl, John Nay & Jonathan Gilligan 86 Geo. Wash. L. Rev. 1243 Law is generally embodied in text, and lawyers have for centuries... Read More
Optimal Ossification
Aaron L. Nielson 86 Geo. Wash. L. Rev. 1209 One of the dirtiest words in administrative law is “ossification”—the term used for the notion... Read More
The American Nondelegation Doctrine
Cass R. Sunstein 86 Geo. Wash. L. Rev. 1181 An American nondelegation doctrine is flourishing. Contrary to the standard account, it does not forbid Congress... Read More
Standing Underwater
Daniel A. Fiedler 85 Geo. Wash. L. Rev. 1554 The basic requirements of Article III standing are well known: injury in fact,... Read More