Emily Bremer
@emilysbremer.bsky.social
Notre Dame Law School professor. Administrative law geek. Should be writing. Papers here: ssrn.com/author=926820
Administrative law discourse seems to assume that if judicial review is available, regulated parties will always sue their regulators. But in fact, data on the rate of judicial review has long been unavailable. Until now, thanks to Nick Parrillo of
@yalelawschool-yls.bsky.social! 🧵
@yalelawschool-yls.bsky.social! 🧵
November 19, 2025 at 4:35 PM
Administrative law discourse seems to assume that if judicial review is available, regulated parties will always sue their regulators. But in fact, data on the rate of judicial review has long been unavailable. Until now, thanks to Nick Parrillo of
@yalelawschool-yls.bsky.social! 🧵
@yalelawschool-yls.bsky.social! 🧵
Reposted by Emily Bremer
Can you help me get the word out? We are having trouble reaching government attorneys due to the shutdown.
This is 6 hours of CLE of FREE through the ABA. But you don’t have to be an attorney to sign up!
Thread of topics we will cover:
This is 6 hours of CLE of FREE through the ABA. But you don’t have to be an attorney to sign up!
Thread of topics we will cover:
NEWS! The ABA Admin Law Conference is FREE this year, in light of the shutdown. Great for admin law practitioners, academics, and students. It'll be Nov. 21 but you'll also be able to access recordings for 30 days afterwards.
6 FREE hours of CLE (approvals pending), including 3 ethics hours:
6 FREE hours of CLE (approvals pending), including 3 ethics hours:
2025 Administrative Law Fall Conference
events.americanbar.org
November 11, 2025 at 9:27 PM
Can you help me get the word out? We are having trouble reaching government attorneys due to the shutdown.
This is 6 hours of CLE of FREE through the ABA. But you don’t have to be an attorney to sign up!
Thread of topics we will cover:
This is 6 hours of CLE of FREE through the ABA. But you don’t have to be an attorney to sign up!
Thread of topics we will cover:
Friday after dark and there are lots of leaf blowers running in the neighborhood.
November 7, 2025 at 11:11 PM
Friday after dark and there are lots of leaf blowers running in the neighborhood.
Looking for some good weekend reading? Check out the October 2025 edition of the Comparative Administrative Law Scholarship Corner! www.yalejreg.com/nc/comparati...
Comparative Administrative Law Scholarship Corner (October 2025) - Yale Journal on Regulation
Here is the list of works included in the October 2025 Comparative Administrative Law Scholarship Corner, which is curated by Eduardo Jordão (FGV Law School, Rio de Janeiro), with the assistance of Ed...
www.yalejreg.com
October 31, 2025 at 5:33 PM
Looking for some good weekend reading? Check out the October 2025 edition of the Comparative Administrative Law Scholarship Corner! www.yalejreg.com/nc/comparati...
Reposted by Emily Bremer
📢 @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!
October 22, 2025 at 7:35 PM
📢 @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!
Reposted by Emily Bremer
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.
Legal Theory Blog
Discover our latest articles and updates. Stay informed with recent posts that cover a variety of topics you care about!
legaltheoryblog.com
October 9, 2025 at 3:01 PM
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.
Reposted by Emily Bremer
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...
publiclawforeveryone.com/2025/09/16/i...
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…
publiclawforeveryone.com
September 16, 2025 at 1:17 PM
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...
publiclawforeveryone.com/2025/09/16/i...
Teaching hearing rights in administrative law like:
September 11, 2025 at 1:43 PM
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...
Comparative Administrative Law Scholarship Corner (August 2025) - Yale Journal on Regulation
Here is the list of works included in the August 2025 Comparative Administrative Law Scholarship Corner, which is curated by Eduardo Jordão (FGV Law School, Rio de Janeiro), with the assistance of Edu...
www.yalejreg.com
August 21, 2025 at 5:20 PM
Check out the list of works included in the August 2025 edition of the Comparative Administrative Law Scholarship Corner: www.yalejreg.com/nc/comparati...
Reposted by Emily Bremer
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....
My working draft is below, and comments are most welcome.
papers.ssrn.com/sol3/papers....
Foreword: To A Conservative Warren Court
Ideological conflict has masked an underlying continuity in the American legal system. In recent years, the Supreme Court -- while obviously subject to fierce c
papers.ssrn.com
July 23, 2025 at 2:28 PM
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....
My working draft is below, and comments are most welcome.
papers.ssrn.com/sol3/papers....
If you're interested in comparative administrative law, sign up for the Comparative Administrative Law Listserv! You can do that here: t.co/ThhpLgCwGs 🧵
https://mailman.yale.edu/mailman/listinfo/comp-admin-law
t.co
July 23, 2025 at 5:19 PM
If you're interested in comparative administrative law, sign up for the Comparative Administrative Law Listserv! You can do that here: t.co/ThhpLgCwGs 🧵
Reposted by Emily Bremer
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.
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.
July 22, 2025 at 11:34 PM
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.
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.
Reposted by Emily Bremer
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...
www.lawfaremedia.org/article/redu...
Reductions in Force Challenges in the Federal Courts
The Supreme Court’s recent orders clear the way for the Trump administration to continue RIFs.
www.lawfaremedia.org
July 17, 2025 at 5:03 PM
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...
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.”
July 17, 2025 at 4:57 PM
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.”
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.”
July 4, 2025 at 12:38 PM
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:
Jotwell Adlaw:
Emily Bremer, Friendship Under Conditions of Uncertainty, JOTWELL (June 26, 2025) (reviewing Emily Hammond, Agency Amici, 58 U.C. Davis L. Rev. 1669 (2025)), adlaw.jotwell.com/friendship-u....
Emily Bremer, Friendship Under Conditions of Uncertainty, JOTWELL (June 26, 2025) (reviewing Emily Hammond, Agency Amici, 58 U.C. Davis L. Rev. 1669 (2025)), adlaw.jotwell.com/friendship-u....
June 26, 2025 at 3:51 PM
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:
I’ve decided to decorate my home office with art related to major administrative law cases. First piece arrived today:
June 10, 2025 at 7:36 PM
I’ve decided to decorate my home office with art related to major administrative law cases. First piece arrived today:
Reposted by Emily Bremer
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...
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.
blog.dividedargument.com
May 17, 2025 at 5:40 PM
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...
Reposted by Emily Bremer
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
May 21, 2025 at 12:55 PM
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
Reposted by Emily Bremer
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.
May 7, 2025 at 11:33 PM
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.
Reposted by Emily Bremer
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
April 24, 2025 at 12:49 AM
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
Reposted by Emily Bremer
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.
April 24, 2025 at 3:43 PM
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.
Reposted by Emily Bremer
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.
April 16, 2025 at 1:05 AM
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.
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...
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
law.stanford.edu
April 10, 2025 at 3:16 PM
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...
Reposted by Emily Bremer
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:
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…
buff.ly
March 21, 2025 at 6:04 PM
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: