Search Results for: administrative law
April 11, 2024 — Scott Johnson
Over the weekend I received an invitation to attend the New Civil Liberties Alliance conference hosted by George Washington University Law School yesterday: “Is administrative law still unlawful?” (Plot spoiler: the answer is “yes.”) Luckily for me, I am in Washington visiting family this week and was able to attend the conference. The conference celebrated the tenth anniversary of the publication of Professor Philip Hamburger’s monumental treatise Is Administrative Law
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April 5, 2024 — Scott Johnson
Philip Hamburger’s Is Administrative Law Unlawful? (2014) constitutes a pioneering work of intellectual restoration. Provoked by recent developments in administrative law, I have returned to it this week. Just in time for this concluding post, I heard from Professor Hamburger last night. He wrote: Dear Scott, Thank you so much for your kind discussion of my book! Alas, there is still a long way to go in clearing up the
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April 4, 2024 — Scott Johnson
Philip Hamburger is the Maurice and Hilda Friedman Professor of Law at Columbia Law School and the author of Is Administrative Law Unlawful? I thought I would follow up “The case against administrative law” with the interview I conducted with Professor Hamburger back in 2014, after I had reviewed Is Administrative Law Unlawful? for National Review. It may be slightly dated. However, as the song goes, “the fundamental things apply.”
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April 3, 2024 — Scott Johnson
Every day the news brings word of edicts handed down from on high by rulers whose names we have never heard of or voted for. I mean the heads of the various administrative agencies that control every corner of our lives. Administrative law is not an inherently interesting subject. You may not be interested in administrative law, but administrative law is interested in you. William F. Buckley, Jr. used to
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July 7, 2023 — Scott Johnson
Philip Hamburger is the Maurice and Hilda Friedman Professor of Law at Columbia Law School and the author of several books including Is Administrative Law Unlawful? (2014). Steve Hayward mentioned the book earlier this week in “Will the Supreme Court dismantle the administrative state?” Professor Hamburger argues that administrative law is unlawful, unconstitutional, and illegitimate. Drawing on English legal history, he contends that the regime of agency government resurrects the
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April 18, 2018 — Paul Mirengoff
The Senate today voted to kill a five-year-old Obama administration “guidance” on making auto loans to minority borrowers. The House almost certainly will follow suit. The guidance, issued by the Consumer Financial Protection Bureau, took aim at a common industry practice whereby auto dealers mark up interest rates offered by finance companies. The finance companies set an interest rate based on objective criteria such as borrowers’ credit history and the
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February 14, 2018 — Scott Johnson
I wrote about the problem of the administrative state in “A new old regime,” my review of Philip Hamburger’s audaciously great book Is Administrative Law Unlawful? (Plot spoiler: the answer is yes.) Even with a lot of help from my friends at the Claremont Institute, it took me a long time to understand the problem. Professor Hamburger expedited the process. The problem is the unconstitutionality, unwisdom, unaccountability, and lawlessness inherent
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July 18, 2017 — Paul Mirengoff
Harry Reid’s decision to end the judicial filibuster of nominees for U.S. courts of appeals may have paved the way for Republicans to confirm Justice Gorsuch by ending the same practice at the Supreme Court level. But that doesn’t mean Reid’s decision isn’t paying off for the left. In fact, it’s paying off with some regularity at the U.S. Court of Appeals for the District of Columbia Circuit, the second
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July 14, 2014 — Scott Johnson
When I set out writing about Philip Hamburger’s Is Administrative Law Unlawful?, I did so for two reasons. First, it’s the most important book I have read in a long time. Second, it’s a forbidding work of legal history that makes few concessions to the general reader. It isn’t easy reading and I thought it was at risk of being widely ignored. I do think the book was at risk
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July 7, 2014 — Scott Johnson
Philip Hamburger is the Maurice and Hilda Friedman Professor of Law at Columbia Law School and the author, most recently, of Is Administrative Law Unlawful? Professor Hamburger argues that administrative law is unlawful, unconstitutional and illegitimate. Drawing on English legal history, he contends that the regime of agency government resurrects the prerogative power once claimed by English kings and places it in the executive branch of the United States government.
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July 6, 2014 — Scott Johnson
Philip Hamburger is the Maurice and Hilda Friedman Professor of Law at Columbia Law School and the author, most recently, of Is Administrative Law Unlawful? Professor Hamburger argues that administrative law is unlawful, unconstitutional and illegitimate. Drawing on English legal history, he contends that the regime of agency government resurrects the prerogative power once claimed by English kings and places it in the executive branch of the United States government.
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July 4, 2014 — Scott Johnson
In advance of the holiday weekend and late in the afternoon yesterday, the Obama administration released 1,300 pages of new Obamacare regulations, adding to the more than 10,000 pages previously promulgated. This is the way we live now under the regime of the administrative state, subject to regulations dwarfing the laws duly enacted by Congress. Continuing our series of excerpts from Columbia Law School Professor Philip Hamburger’s important new book
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July 3, 2014 — Scott Johnson
Philip Hamburger is the Maurice and Hilda Friedman Professor of Law at Columbia Law School. He is a distinguished scholar of legal history and the author, most recently, of Is Administrative Law Unlawful? Professor Hamburger gave us his take on the book here. My take is that it is the most important book I have read in a long time. Professor Hamburger argues that administrative law is unlawful, unconstitutional and
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July 2, 2014 — Scott Johnson
Philip Hamburger is the Maurice and Hilda Friedman Professor of Law at Columbia Law School. He is a distinguished scholar of legal history and the author, most recently, of Is Administrative Law Unlawful? It is the most important book I have read in a long time. I think this will be the first post in a series that will feature the book. Here I have invited Professor Hamburger to preview
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December 17, 2013 — Scott Johnson
Observers commenting on the administration’s latest improvisations in Obamacare have generally relied on the cheat sheet issued by the Department of Health and Human Services this past Thursday. The cheat sheet summarizes regulations promulgated by the Department. In his Forbes column “Government takeover,” Avik Roy posts a link to the regulations (interim final rule) here. The regulations are an unusual exercise in rule by decree. Cloaked in an air of
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December 14, 2013 — Scott Johnson
The Wall Street Journal devotes an editorial to the latest decree promulgated by Queen Seeb and the powers-that-be in the Obama administration: Late Thursday, the Health and Human Services Department suddenly released a new regulation that explains “there have been unforeseen barriers to enrollment on the exchanges.” The passive voice is necessary because the barriers are all the result of politically driven delays, the botched website and the exchanges that
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July 10, 2013 — Scott Johnson
FNC’s Wendell Goler asked Obama administration flack Jay Carney about the Obama administration’s suspension of the Obamacare employer mandate for one year. The Obamacare statute expressly provides a commencement date of January 1, 2014. Whence the legal authority on the part of the president to postpone it? The video of Goler’s exchange with Carney is below. Goler asks a good question, one directly raised by Michael McConnell’s Wall Street Journal
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