Emily Bremer
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emilysbremer.bsky.social
Emily Bremer
@emilysbremer.bsky.social
Notre Dame Law School professor. Administrative law geek. Should be writing. Papers here: ssrn.com/author=926820
Nicholas R. Parrillo, Administrative Law as a Choice of Business Strategy: Comparing the Industries Who Have Routinely Sued Their Regulators with the Industries Who Rarely Have, 93 Geo. Wash. L. Rev. 1031 (2025): papers.ssrn.com/sol3/papers....
Administrative Law as a Choice of Business Strategy: Comparing the Industries Who Have Routinely Sued Their Regulators with the Industries Who Rarely Have
For some large and powerful industries, it has long been normal and even routine for businesses to sue their federal regulator. For other large and powerful ind
papers.ssrn.com
November 19, 2025 at 4:35 PM
This work is a major contribution to filling a shocking gap in the administrative law literature. Highly recommended!! A link to the article, which just came out in the George Washington Law Review, is below! /8
November 19, 2025 at 4:35 PM
"The second condition is that, with regard to the agency action at issue, industry economic interests are aligned with the mission of the regulator." i.e., the agency's mission is to protect "the industry's own consumers" rather than its "workers or victims of externalities." /7
November 19, 2025 at 4:35 PM
"The first condition is that ... each company knows the regulator will be making repeat decisions impacting its business into the indefinite future, so each company has a stake in winning the agency’s trust and goodwill." /6
November 19, 2025 at 4:35 PM
The article "find(s) that industry judicial challenges tend to be few and marginal when two conditions are met." /5
November 19, 2025 at 4:35 PM
Parrillo searched judicial dockets to identify suits against public health and safety regulators "during the period from 2013 to 2021 and, for several of the agency-industry pairings, for additional time periods extending as far back as the 1980s and as recent as 2024." /4
November 19, 2025 at 4:35 PM
From the abstract: "For some large and powerful industries, it has long been normal and even routine for businesses to sue their federal regulator. For other large and powerful industries, it has been rare for the last twenty-five to forty years or more." /3
November 19, 2025 at 4:35 PM
Parrillo conducted an empirical analysis of the rates of judicial review for different agencies, finding a surprisingly high degree of variability. /2
November 19, 2025 at 4:35 PM
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...
Comparative Administrative Law Scholarship Corner (July 2025) - Yale Journal on Regulation
The Comparative Administrative Law Listserv, which was established by Susan Rose-Ackerman (Yale, USA) and expertly administered by Neysun Mahboubi (UPenn, USA), is currently being reinvigorated by a t...
www.yalejreg.com
July 23, 2025 at 5:19 PM
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!
July 23, 2025 at 5:19 PM
I have to get it framed, but the third piece is a Universal Camera ad published in 1948:
July 11, 2025 at 2:10 PM