Here's the thread I did on the draft report. Not much has changed. I look forward to discussing the judicial review committee's proposed recommendations, which grew out of the report, at ACUS's 85th Plenary Session in June! bsky.app/profile/dtde...
You can find the proposed recommendations here: www.acus.gov/document/dra...
@dtdeacon.bsky.social has a nice write up of Wildermuth and Baker's recent piece on Perkins and the future of the civil service at the Court.
www.yalejreg.com/nc/ad-law-re...
Thanks to Adam Liptak for highlighting Daniel Deacon @dtdeacon.bsky.social & my forthcoming Duke Law Journal piece "Legalistic Noncompliance"!
Adam's piece: www.nytimes.com/2026/02/26/u...
Our article: papers.ssrn.com/sol3/papers....
Daniel Deacon @dtdeacon.bsky.social & my paper "Legalistic Noncompliance" is out now in the Duke Law Journal!
It describes how the second Trump administration is saying they're complying with lower court orders even though they're not in fact doing so: scholarship.law.duke.edu/dlj/vol75/is...
You know I’m doing history because I actually have some books on my desk
The report gets into a bunch of other stuff as well. Comments welcome! 3/3
My final report to the Administrative Conference of the United States on drafting regulatory preambles in light of recent developments in judicial review of agency action is now available papers.ssrn.com/sol3/papers....
Part of the project has involved interviewing agency rule drafters (I've interviewed 19 so far) about how the demise of Chevron affected their agency’s approach to regulatory preambles. I have a post up at the Notice and Comment blog summarizing the responses: www.yalejreg.com/nc/loper-bri... 2/
For the past year or so, I've been working on a project for the Administrative Conference of the United States on best practices for drafting regulatory preambles in light of recent developments in judicial review. The draft report is now available here: papers.ssrn.com/sol3/papers.... 1/
