Administrative Law

Here’s Your Number, Now Please Wait in Line: The Asylum Backlog, Federal Court Litigation, and Artificial Intelligence in Agency Adjudication
Youssef Mohamed
B.A. 2019, The Florida State University; J.D. Candidate 2023, The University of Chicago Law School.

أولاً†الحمد†لله†و†ثانيا†الحمد†لله†—I owe a debt of gratitude to Professor Jennifer Nou for pushing me and this piece to ask bigger questions. I would also like to thank Lauren Dunn, Dylan Salzman, Virginia Robinson, Brian Bornhoft, and the University of Chicago Law Review editors for their patience, hard work, and insights.

The U.N. High Commissioner for Refugees has estimated that, by the end of June 2021, there were nearly 4.4 million pending asylum applications worldwide. Many asylum seekers suffer heinous abuses in both the countries from which they flee and the countries through which they travel to reach sanctuary.

In Defense of 5G: National Security and Patent Rights Under the Public Interest Factors
Kenny Mok
B.A. 2016, Northwestern University; J.D. Candidate 2021, The University of Chicago Law School.

A big thank you to Professor Jonathan Masur for his advice on this piece.

From 2017 to 2019, two U.S. technology giants, Apple and Qualcomm, engaged in a war of patent suits across the world. One battle took place at the International Trade Commission (ITC), a federal agency that prevents patent-infringing products from entering the United States.

The Scope of Evidentiary Review in Constitutional Challenges to Agency Action
Conley K. Hurst
B.A. 2017, Washington and Lee University; M.St. 2018, University of Oxford; J.D. Candidate 2022, The University of Chicago Law School.

Many thanks to Professors Ryan Doerfler and Jennifer Nou for their helpful feedback during the drafting process.

Presidents have increasingly turned to the administrative state to implement their political agendas.

Necessary “Procedures”: Making Sense of the Medicare Act’s Notice-and-Comment Requirement
Josh Armstrong
BA 2017, The University of Texas at Austin; JD Candidate 2021, The University of Chicago Law School.

Many thanks to Professor Jennifer Nou for her help and advice throughout the drafting process.

Perhaps no problem has caused more consternation and outright confusion in administrative law circles than the Ad-ministrative Procedure Act’s (APA) exemptions to notice-and-comment rulemaking, the process by which agencies present proposed rules to the public for feedback before issuing them in final form.

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Dismissing Decisional Independence Suits
Jennifer Nou
Professor, The University of Chicago Law School.

Many thanks to Saul Levmore for helpful comments. Benjamin Kloss provided excellent research assistance.

Administrative adjudication is poised for avulsive change. The Supreme Court recently pronounced some administrative law judges (ALJs) constitutional officers that must be appointed by the President, a department head, or a court of law.

Book review
How Not to Regulate
Lisa Heinzerling
Justice William J. Brennan, Jr, Professor of Law, Georgetown University Law Center

In the earliest days of his presidency, Donald Trump issued an executive order that exemplifies a common attitude toward regulation today. President Trump ordered federal administrative agencies to revoke at least two regulations for every one they issued and to cut regulatory costs without considering the benefits lost.

Waiving Chevron
Jeremy D. Rozansky
AB 2012, University of Chicago; JD Candidate 2019, University of Chicago Law School

I wish to thank William Baude, Brian Feinstein, Daniel Hemel, Aziz Huq, Aaron Nielson, Jennifer Nou, Adam J. White, and the editors of The University of Chicago Law Review for setting me on the right track and improving the Comment at every stage

The Supreme Court’s decision in Chevron, U.S.A., Inc v Natural Resources Defense Council, Inc has been a boon for federal agencies.

Not So Different after All: The Status of Interpretive Rules in the Medicare Act
Graham Haviland
BA 2011, The University of Chicago; JD Candidate 2019, The University of Chicago Law School

The Administrative Procedure Act (APA) distinguishes between “legislative rules” that bind with the force of law and “interpretive rules” that merely interpret existing statutes or rules.

State Bureaucratic Undermining
Justin Weinstein-Tull
Associate Professor, Arizona State University College of Law

I am grateful to the readers who made this paper what it is, the teachers who gave more support than I deserve, and the friends who inexplicably saw brightness throughout.

Turbulence rocks the federal government, and it is now faddish to romanticize states as sites of resistance.

Chevron Step One-and-a-Half
Daniel J. Hemel
Assistant Professor of Law, The University of Chicago Law School

For helpful comments, the authors thank Nicholas Bagley, Aditya Bamzai, William Baude, Omri Ben-Shahar, Ryan Doerfler, Richard Epstein, Matthew Etchemendy, Lee Fennell, Margot Kaminski, Robin Kar, Genevieve Lakier, Ronald Levin, Jonathan Masur, Richard McAdams, Jennifer Nou, Michael Pollack, Eric Posner, Richard Posner, John Rappaport, Peter Shane, Paul Stancil, Nicholas Stephanopoulos, David Strauss, Lisa Grow Sun, Christopher Walker, and the participants at workshops at The Ohio State University Moritz College of Law, the J. Reuben Clark Law School, and The University of Chicago Law School. An Online Appendix detailing Chevron Step One-and-a-Half cases is available on The University of Chicago Law Review’s website. All errors are strategic.

Aaron L. Nielson
Associate Professor of Law, J. Reuben Clark Law School, Brigham Young University

The Supreme Court’s decision in Chevron U.S.A. Inc v Natural Resources Defense Council, Inc has created a cottage industry in choreography.