City of Arlington v. FCC - Post-Argument SCOTUScast
SCOTUScast 2-4-13 featuring Emily Bremer
SCOTUScast 2-4-13 featuring Emily Bremer
On January 16, 2013, the Supreme Court heard oral argument in City of Arlington v. FCC. The case considers whether a court should give so-called Chevron deference to a government agency’s determination regarding its own jurisdiction.
To discuss the case, we have Emily Bremer, who is an Attorney Advisor to the Administrative Conference of the United States.
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Professor of Law, University of Notre Dame Law School
Emily Bremer teaches and writes in the areas of administrative law, regulatory process, and civil procedure. Her scholarship focuses primarily on matters of procedural design, with a recent focus on the history and interpretation of the Administrative Procedure Act (APA). She is a recipient of the AALS’s award for the year’s best administrative law scholarship by a junior scholar and the AALL’s Joseph L. Andrew’s Legal Literature Award for her contribution to the Bremer-Kovacs Collection of Historical Documents Related to the APA (HeinOnline). Bremer’s articles include a defense forthcoming in the Virginia Law Review of the constitutionality of the APA’s regime for ensuring the competence and impartiality of Administrative Law Judges; a plea in the Yale Journal on Regulation for administrative law to take greater account of the on-the-ground reality of administration; twin articles uncovering the intellectual foundation and meaning of the APA’s adjudication and rulemaking provisions; and three separate studies that served as the basis of recommendations of the Administrative Conference of the United States (ACUS) on the subjects of agency declaratory orders, incorporation by reference, and statutory limitations on the jurisdiction of the Court of Federal Claims. Bremer serves as a Senior Fellow of ACUS, a co-editor of the administrative law section of Jotwell, and a regular contributor to the Yale Journal on Regulation’s Notice & Comment blog.