Emily Bremer

Looking for some good weekend reading? Check out the October 2025 edition of the Comparative Administrative Law Scholarship Corner! www.yalejreg.com/nc/comparati...

📢 @tamu.bsky.social's Center on the Structural Constitution is honored to host @emilysbremer.bsky.social of @notredamelaw.bsky.social for the inaugural Reveille Lecture Wed Oct 29. Topic = Administrative Power After Humphrey's Executor. Open to the A&M Law community; 🌮 Torchy's Tacos lunch provided!

Legal Theory Blog Discover our latest articles and updates. Stay informed with recent posts that cover a variety of topics you care about!

Please help me get the word out about the new websites for Legal Theory Blog and the Legal Theory Lexicon. Reposting here and on other social media sites is great. It would be especially helpful if law school faculty members could send an email to their colleagues with the new addresses.

In Defence of Classical Administrative Law In a recently completed paper, Philip Murray and I develop a defence of what we term the classical account of administrative law. The question with which we are centrally concerned is whether (as t…

A new paper from Philip Murray and me: 'In Defence of Classical Administrative Law'. We argue that the voidness of unlawful administrative acts is central to the rule of law and that recent challenges to that view can and should be resisted.

publiclawforeveryone.com/2025/09/16/i...

Anakin Padme 4 panel meme

Teaching hearing rights in administrative law like:

Check out the list of works included in the August 2025 edition of the Comparative Administrative Law Scholarship Corner: www.yalejreg.com/nc/comparati...

Last fall, the editors of the Harvard Law Review invited me to write the Foreword for this year's Supreme Court issue.

My working draft is below, and comments are most welcome.

papers.ssrn.com/sol3/papers....

Every month, I'll be posting the list, with links, at the Yale JReg's Notice & Comment blog. I've started with the works included in the July 2025 edition of the Comparative Administrative Law Scholarship Corner: www.yalejreg.com/nc/comparati...

One of the things you'll receive as member of the listserv is a monthly collection of new comparative administrative scholarship curated by Eduardo Jordão, including full publication details and abstracts!

If you're interested in comparative administrative law, sign up for the Comparative Administrative Law Listserv! You can do that here: t.co/ThhpLgCwGs 🧵

Since @orinkerr.bsky.social asked, a thread, from limited information reported online, about how I see the US attorney mess in DNJ.

1. Trump picked Habba as interim US Attorney under 28 USC 546. Technically, the AG is supposed to pick, but whatever. She gets 120 days to serve.

New at @lawfaremedia.org: I walk through the cases involving reductions in force (RIF) at the district courts and the Supreme Court.

www.lawfaremedia.org/article/redu...

Out-of-context Louis Jaffe: “We might say that the federal common-law system is something like a one-clawed lobster or an antique and partially dismembered torso.”

I have to get it framed, but the third piece is a Universal Camera ad published in 1948:

Chevron, abandoned

Next piece has arrived:

K.C. Davis on Administrative Law (1951): “Injunction is the most common remedy in the federal courts and is generally satisfactory; its usefulness is increasing because it has been quietly sloughing off some of the traditions resulting from its equitable origin.”

In which I review GW Law Professor Emily Hammond's terrific new article, Agency Amici, which analyzes the practice of agency amicus briefs at this critical inflection point between the old and new regimes of judicial deference:

Oh, good one, on multiple levels!

Art poster for Florida east coast railway

I’ve decided to decorate my home office with art related to major administrative law cases. First piece arrived today:

Guest Post: Mila Sohoni on Trump v. CASA Professor Mila Sohoni of Stanford Law School, one of the nation's leading contributors to the debate over universal injunctions, weighs in on the implications of Thursday's oral argument.

A characteristically thoughtful response to the Supreme Court argument over nationwide injunctions in the Birthright Citizenship case by Mila Sohoni. blog.dividedargument.com/p/guest-post...

Adlaw nerds: contemporaneous coverage of Humphrey’s Executor, as found in a homemade scrapbook of labor unrest from 1935 tucked away in the NLRB library. @jedshug.bsky.social @emilysbremer.bsky.social @tphillips.bsky.social @kexelchabot.bsky.social @charlottegarden.bsky.social

Second, there can be no lawful, meaningful deregulation that does not involve Congress. Congress writes the statutes that create our country’s regulations. The executive branch can shape regulations, but only on the margins. If you want major reform, you need Congress to change the laws.

Very excited about this new article by @jonpetkun.bsky.social & Joe Schottenfeld in the GW Law Review, "The Judicial Administrative Power"! Describes three functions of "nonadjudicatory activities" performed by federal courts: rulemaking, managing & communicating: www.gwlr.org/wp-content/u... 1/2

I struggle these days whenever someone asks me for my political affiliation. But if you really force me, I’d describe myself as a “Dropbox Independent." I'm full up and can't accept any new information, and I inform you of that every couple days, at inconvenient times.

On April 9, 2025, President Donald J. Trump directed the Department of Energy to repeal the definition of “showerhead” codified at 10 CFR 430.2. See Executive order, Maintaining Acceptable Water Pressure in Showerheads. In compliance with that order, and the President's constitutional authority to direct rescissions of regulations, the Department hereby repeals the definition of showerhead in § 430.2. The agency's decision to rescind that provision is nondiscretionary.

What constitutional authority to direct the rescission of regulations? The executive branch doesn't even have rulemaking authority absent an act of Congress. Procedure is generally not a violation of Article II. There's no inference with the president's inherent authority here.

We have one episode to go!

The Residence on Netflix. So good.

Is Administrative Law Just a Species of Constitutional Law? | Stanford Law School The field of administrative law focuses first and foremost on normatively freighted, politically salient issues of constitutional law. Its overriding

Looking forward to speaking today @stanfordlaw.bsky.social on the topic: “Is Administrative Law Just a Species of Constitutional Law?” law.stanford.edu/event/consti...

Thank you!

Power Corrupts Administrative agencies bear principal responsibility for keeping the federal government’s promises by giving effect in the real world to the laws Congress enacts. If administrative law’s goal was to…

Curious about admin law in these uncertain times? Check out NDLS Prof. @emilysbremer.bsky.social’s article for the Yale Journal on Regulation, “Power Corrupts,” tracing the history of administrative law. Read it here: