Some personal news: After a decade working on @OSU_Law faculty and living in Columbus, this summer we'll be moving a few hours north, where I'll join @UMichLaw faculty.
A quick 🧵 reflecting on how Ohio State has been such an amazing professional home over the last ten years:
My OSU colleagues have been amazing -- so many generous faculty mentors and collaborators, two supportive deans, and a top-rate staff, including my assistant (& dear friend) who has worked w/me all ten years. They all helped me become the teacher, scholar, and person I am today.
It's been such a privilege to teach and learn from my #Buckeye students, including the nearly 50 research assistants who have helped me with research over the years and the more than 150 students who spent the summer in DC with me as part of the law school's DC summer program.
Ten years of so many beautiful memories, learning experiences, and adventures -- for which I am so grateful. I look forward to continuing those friendships for decades to come. And, of course, the Walker family are #Buckeyes for life! 🤓
Post-Script: It may take me a while to call my new institutional home anything another other than "the school up North." 😂 But I'm also excited and grateful for this new adventure.
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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.
Last week I did a 🧵 on Congress's anti-removal power w/r/t how Congress could strengthen independence of the proposed Office of State Democracy Promotion in Dems' Freedom to Vote Act:
. Tonight I'll turn to one of my favorite contexts: agency adjudication.
First some background: There is a growing concern in administrative law circles, and especially among administrative law judges and other agency adjudicators, that federal courts will continue to erode the decisional independence of agency adjudicators.
In Lucia v. SEC, #SCOTUS held that administrative law judges are at least inferior offices under the Appointments Clause, such that they must be appointed by the president or an agency head, instead of a more merit-based civil-service selection process. supremecourt.gov/opinions/17pdf…
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).
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…