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Teleforum Preview: Regulatory Crimes: Clay v. U.S. Oral Argument by John J. Park, Jr.

Why Trump can’t undo the regulatory state so easily

Timothy Courtney February 09, 2017
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Rachel Augustine Potter writes for the Brookings Institution:

Regulatory politics, not usually the stuff of headlines, is suddenly above-the-fold news. In his first week, President Trump laid out an ambitious anti-regulatory goal of eliminating “75%–maybe more” of existing regulation. Last week he followed up on that pledge, signing an executive order adopting a “2 for 1” policy for new regulations and issuing another order to consider rolling back Dodd-Frank regulations.[1]

However, despite this flurry of activity, it’s too soon to conclude that the regulatory state as we know it is in retreat.

Read the full article from Brookings. 

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[PANEL]: Will International Law Matter to the Trump Administration?

Timothy Courtney February 09, 2017
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The Federalist Society's Practice Group and Student Divisions and the American Branch of the International Law Association (ABILA) are pleased to present a panel on the future of international and national law under freshly inaugurated President Trump. This panel featred a lively discussion between leading international lawyers the Hon. John Bellinger and Associate Dean and Professor Rosa Brooks about whether international law will matter to the new administration. The panel was be moderated by Professor David Stewart.

This panel was part of the conference on International Law in the Trump Era: Expectations, Hopes, and Fears held on January 23, 2017, at Georgetown University Law Center in Washington, DC.

Panel: Will International Law Matter to the Trump Administration?

--Hon. John B. Bellinger, III, former Legal Adviser, U.S. Department of State and the National Security Council
--Prof. Rosa Brooks, Associate Dean, Graduate Programs & Professor of Law, Georgetown University Law Center
--Moderator: Prof. David Stewart, President, American Branch of the International Law Association (ABILA)

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Will Trump Have the First Numerate Administration?

James Scanlan January 04, 2017
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On November 28, 2016, the Department of Justice (DOJ) filed an amicus curiae brief urging the Supreme Court not to grant a writ of certiorari for review of the Fifth Circuit decision in Veasey v. Abbottstriking down a Texas voter ID law.  Given the likely views of the Trump administration on voter ID laws, if the Court grants review, DOJ may well file a brief in support of the petitioner.  Such brief would present the matter rather differently from the agency’s recent filing. [Read More]

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An Obama mandate to trim outmoded rules is one Trump should keep

Randolph J. May December 21, 2016
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Here’s the way I began my commentary, “One Obama Executive Order That Makes Sense,” published on December 19 in the Washington Times:

In July 2011, President Barack Obama actually issued an executive order that, at least on paper, makes good sense. It’s Executive Order 13579, ‘Regulation and Independent Regulatory Agencies,’ urging independent agencies such as the Federal Communications Commission to establish plans for periodic retrospective reviews aimed at eliminating outmoded regulations.

E.O. 13579 followed on the heels of an earlier Obama executive order requiring executive branch agencies to engage in retrospective reviews to eliminate outdated, no longer necessary regulations. In the case of so-called independent agencies, President Obama (supposedly) could not “order” that the agencies undertake retrospective reviews, so E.O. 13579 simply “urges” them to do so. [Read More]

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What a Trump Administration Might Mean for Employers

December 16, 2016
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On December 13, 2016, the Littler law firm sponsored a program entitled “The 2016 Presidential Election: What a Trump Administration Might Mean for Employers.” The program included a brief discussion of four “important labor and employment cases pending before the [U.S. Supreme] Court.” One of those cases is Serna v. Transport Workers Union of America, 654 Fed. Appx. 665 (5th Cir. July 11, 2016) (per curiam), petition for cert. docketed, No. 16-484 (U.S. Oct. 12, 2016), a case in which National Right to Work Legal Defense Foundation attorneys represent the plaintiff airline employees who are compelled to pay union fees as a condition of their employment even though they have chosen not to join the union. The issues presented in Serna are:

(1) “[w]hether [Railway Employes’ Department v.] Hanson[, 351 U.S. 225 (1956)], and implicitly Abood v. Detroit Board of Education, 431 U.S. 209 (1977), should be overruled insofar as they uphold the constitutionality of compulsory union fees”; and

(2) “[w]hether requiring that employees affirmatively object to subsidizing constitutionally nonchargeable union speech, rather than requiring affirmative consent, violates the First Amendment.”

Serna gives the Court an opportunity to revisit the issues it ducked 4-4 in Friedrichs v. California Teachers Ass’n, 136 S. Ct. 1083 (per curiam), reh’g denied, 136 S. Ct. 2545 (2016), when Justice Antonin Scalia unexpectedly died after the Court had heard oral argument in the case. The Justices will consider the Serna petition at their conference on January 6, 2017.