Richard and I served together over the last few years on the @ABAAdLaw governing council, and he just completed his term as one of our two Section Delegates to the @ABAesq House of Delegates.
His final work in that role was to shepherd through an ABA resolution to encourage the Executive Branch to make it easier for federal civil servants to participate in the ABA and similar organizations. americanbar.org/content/dam/ab…
Richard was a strong voice on our ABA adlaw governing council and in the field of administrative law. He didn't often pull punches when it came to expressing his strongly held views on the substance.
I loved that about Richard, and I will miss his constructive and critical feedback on my work (most of which was conveyed in a friendly phone call or email). I knew Richard would always give his candid take, so I'd regularly seek it. He was so helpful w/my current book project.
But more fundamentally I will miss his friendship. Despite our differences on substance, Richard was always so kind and supportive. He's the type of person who after an hours-long, boring council meeting would send me an email to say I did a great job leading that meeting.
Whenever we met in person, he'd of course ask me what I was working on, but he'd also ask about my family and my students. He and I both direct our law school's DC externship programs, and I'd hear so much from him about his students' successes in DC.
He invested so much in those students and in that program. I could tell it was a thrill for him to help guide and mentor them to develop into better lawyers and people. My heart goes out to the thousands of students Richard played a role in helping them become who they are today.
And my thoughts and prayers are with his family and loved ones during this difficult time. I will miss you Richard, and will always be grateful for the impact you have had on the #adlaw field, @ABAAdLaw, and my life. Rest in peace, my friend.
Post-Script: Over @YaleJREG / @ABAAdLaw Notice and Comment blog, Linda Jellum shares her thoughts on Richard Parker's life and legacy. Expect more to come from those in the field once we've had time process this huge loss. I'll add those to this 🧵. yalejreg.com/nc/in-remembra…
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I hope the Court engages more with the historical/originalist scholarship against the nondelegation debate, including work by @jdmortenson, @nicholas_bagley, Nick Parrillo, @KexelChabot, etc.
In his OSHA vaccine-or-test requirement concurrence, Gorsuch cites to the pro-nondelegation literature (supremecourt.gov/opinions/21pdf…), but to date the Justices haven't grappled (publicly at least) with the full scholarly debate on nondelegation at the founding.
I'm very excited to serve as one of the academic consultants on this new @acusgov, and even more excited to collaborate with two of my prior coauthors @MelissaWasserma and @acusgov Executive Director Matt Wiener to coauthor this study and report. 👇
This new @acusgov study builds on @MelissaWasserma & my @CalifLRev article The New World of Agency Adjudication, which explored the centrality of agency head review in the standard federal model for agency adjudication: ssrn.com/abstract=31295…
And it also picks up where Matt Wiener and I left off in our prior @acusgov report Agency Appellate Systems: ssrn.com/abstract=37283…
I am heartbroken to hear about the passing over the weekend of my good friend, mentor, and colleague in the field @UNLCollegeofLaw Professor Anna Shavers (@LawProfShavers): news.unl.edu/newsrooms/toda…
A quick 🧵 with some reflections on her life and its impact on mine:
I first got to know Anna well when I joined the governing council of the @ABAAdLaw Section in 2015, and she had just completed her one-year term as Section Chair. I had met Anna before that, and her passion for #adlaw and #immigrationlaw was infectious.
Not to mention her smile and laugh. I sometimes wondered whether that was just her extroverted, public presence, but as I got to know her better, I realized that passion and joy were part of the core of who she was -- she sought to uplift and inspire.
A 🧵 on Congress's anti-removal power: The Dems' Freedom to Vote Act would create a new independent agency, the Office of State Democracy Promotion, which would provide $$ to States to "carry out democracy promotion activities." congress.gov/bill/117th-con…
Understandably after the #SCOTUS Seila Law and Collins decisions, the current version of the bill does *not* restrict the President's ability to remove at will the single-head director of this new agency (congress.gov/bill/117th-con…):
But Congress obviously still wants this new agency to be as independent as possible, as the agency would deal with elections and Congress usually insulates election administration from plenary presidential control (e.g., FEC, EAC).
This is heartbreaking news. In law school, Professor Rhode was one of my main mentors and has been ever since. She helped me become a law professor, and researching and coauthoring together shaped my approach as an academic today.
Prof. Rhode's scholarship emphasized the importance of doctrine and theory -- but also empirical reality and policy impact. She wanted to show how the law worked on the ground and how law and the legal profession could be used (and improved) to make the world a better place.
Deborah was a generous mentor and friend. She cared more about my development as a human being than a scholar and voice in the world. She was a strong proponent of prioritizing life over career, which says a lot as she is one of the most-cited legal academics of her generation.
Earlier this week the Justice Department released a report focused on how to modernize the Administrative Procedure Act (APA): yalejreg.com/nc/new-justice… Like most of the legislative #adlaw reform proposals in recent years, DOJ's reform efforts largely focus on agency rulemaking.
(FWIW, I've written more about the various legislative proposals, in an @AdLawReview essay by the same title as the DOJ report: ssrn.com/abstract=29621….)
Absent from most conversations about APA reform is agency adjudication. Yet the vast majority of regulatory actions today take place in adjudication, rather than rulemaking -- as we explored at the 50th annual @DukeLawJournal symposium earlier this year: yalejreg.com/nc/video-and-d…