News from ACUS (September 2024)

This monthly newsletter provides a roundup of recent, ongoing, and upcoming initiatives from the Administrative Conference of the United States. Sign up here to get the newsletter delivered to your inbox each month.

In this issue:

  • An upcoming forum and recent report on nationwide injunctions.
  • Our latest forum, Recent Administrative Law Developments in the Supreme Court: What’s Next for Agencies?
  • Opportunities to consult for ACUS.
  • The appointment of six new public members and seven new fellows.
  • An upcoming episode of Between the Lines.

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Nationwide Injunctions: Forum and Report

ACUS recently released a new report, Nationwide Injunctions and Federal Regulatory Programs. The report—by Professor Zachary Clopton (Northwestern University Pritzker School of Law), ACUS Public Member Mila Sohoni (Stanford Law School), and Professor Jed Stiglitz (Cornell Law School)—examines how frequently courts issue nationwide injunctions and universal vacaturs and how agency officials understand, implement, and respond to them.

Join ACUS on Friday, September 27 (12:15–1:30 p.m. ET) for a discussion of the report, moderated by ACUS Senior Fellow Alan Morrison, with Professors Clopton, Sohoni, and Stiglitz.

And join us again on Wednesday, October 2 (12:00–1:15 p.m. ET) as experts discuss opportunities and challenges associated with nationwide injunctions. ACUS Senior Fellow Adam White will moderate the conversation, featuring ACUS Public Member Jonathan Adler (Case Western Reserve University School of Law), Professor Amanda Frost (University of Virginia School of Law), and Professor Alisa Klein (Wilmington University School of Law).  

Click here to learn more about the forum and click here to register to attend.

Recent Administrative Law Developments in the Supreme Court: What’s Next for Agencies?

As part of a public forum this summer, ACUS members and consultants discussed what recent Supreme Court decisions mean for agencies. Across four panels, they discussed Loper Bright Enterprises v. Raimondo, SEC v. Jarkesy, Corner Post v. Federal Reserve Board, and Ohio v. EPA. 

Recordings are available on the ACUS website in case you missed the panels or want to rewatch them.

Seeking Researchers for New Projects

ACUS is seeking researchers for four recently launched projects, which committees will consider in 2025:

The Office of the Chair will consider all proposals received by 5:00 p.m. ET on Sunday, September 15. For more information, please read the requests for proposals linked above or contact Research Director Jeremy Graboyes (jgraboyes@acus.gov).

New Public Members and Senior Fellows

ACUS welcomes six new public members:

  • Jonathan H. Adler, Johan Verheij Memorial Professor of Law and Director, Coleman P. Burke Center for Environmental Law, Case Western Reserve University School of Law
  • Seth Davis, Professor of Law, UC Berkeley School of Law
  • Steven A. Engel, Partner, Dechert LLP
  • K. Sabeel Rahman, Professor of Law, Cornell Law School
  • Cristina Rodríguez, Leighton Homer Surbeck Professor of Law, Yale Law School
  • Anthony E. Varona, Dean and Professor of Law, Seattle University School of Law

ACUS also congratulates seven members on their appointment as senior fellows:

  • Ilona R. Cohen, Chief Legal & Policy Officer, HackerOne
  • John F. Duffy, Samuel H. McCoy II Professor of Law and Paul G. Mahoney Research Professor of Law, University of Virginia School of Law
  • Will A. Gunn, Vice President for Legal Affairs and General Counsel, Legal Services Corporation
  • Allyson N. Ho, Partner, Gibson Dunn & Crutcher LLP
  • Michael A. Livermore, Edward F. Howrey Professor of Law, University of Virginia School of Law
  • Kate A. Shaw, Professor of Law, University of Pennsylvania Carey Law School
  • Kevin M. Stack, Lee S. & Charles A. Speir Chair in Law and Director of Graduate Studies, Vanderbilt Law School

Between the Lines

In the next episode of Between the Lines with the Administrative Conference of the United States, Chair Fois speaks with Professor Shalini Ray (University of Alabama School of Law) about her recent report to ACUS on individualized guidance and ACUS Attorney Advisor Ben Birkhill about Recommendation 2024-2, which was informed by the report. Chair Fois also talks with Senior Fellow and retired ALJ John Vittone about his more-than-half-century career in administrative law. 

The new episode will be available from Federal News Network on September 17.