Articles and Other Information of Potential Interest for Admin Law Practitioners
GSA Wants Public Feedback on its eRulemaking Modernization Effort. Brandi Vincent, Nextgov.com. December 30, 2019.
GSA is seeking public comments on modernizing its eRulemaking and will hold public hearings on the topic on January 30 and March 25, 2020. If you have ever commented on a federal rule or been frustrated by the eRulemaking process, this is your chance to make the system better.
Trump uses North Carolina’s Basnight Bridge to justify change in environmental rules
By Lynn Bonner. Durham Herald-Sun. January 09, 2020.
The Regulatory Review is a blog affiliated with the University of Pennsylvania Program on Regulation and is housed at the University of Pennsylvania Law School. On the date this article was written, it included posts such as:
Making Sense of the Trump Administration’s Regulatory Numbers (Opinion), Stuart Shapiro, January 14, 2020. Making Sense of the Trump Administration’s Regulatory Numbers
Regulatory Analysis and Decision-Making 2020 Executive Education Certificate Program “intended for any executive or professional involved in making regulatory decisions or interacting with regulatory issues.”
Robotic Surgeries Need Regulatory Attention, Damini Kunwar, Jan 8, 2020.
Reinvigorating the Paperwork Reduction Act (Opinion), Sally Katzen, Nov. 28, 2019.
Street-Level Administrative Constitutionalism (Opinion), Peter S. Margulies, Dec. 25, 2019.
Quantum Supremacy and the Regulation of Quantum Technologies (Opinion),Walter G. Johnson, Dec. 30, 2019.
Two articles about federal administrative law and the Constitution
- Beyond Chevron: The Fight To Kill Agency Independence By Jimmy Hoover. Law360.com. December 20, 2019. (Subscription may be required.) The author discusses recent and new attempts at “chipping away at [federal] agency power”, and focuses specifically on the non-delegation doctrine and attacks on the constitutionality of independent agencies.
- Is ‘Most of Government’ Unconstitutional? By Robert Verbruggen. National Review. January 9, 2020. (Subscription may be required.) The author discusses the issue based on: a Justice Gorsuch dissent in support of applying the non-delegation doctrine, and, a forthcoming article from two law professors arguing that an originalist view of the Constitution is contrary to the Gorsuch view.
White House Proposes Regulatory Principles to Govern AI Use
David Shepardson, US News & World Report. Jan. 7, 2020.
Something to ponder: Does NC have an equivalent to “regulatory principles” other than those set out in G.S. § 150B-1, 2, 18, 19 and 19.1? If there is some other form of regulatory principles in NC, who promulgates them and how binding are they? Are topic-specific regulatory principles such as the AI principles discussed in the article helpful?