Author's details

Name: Jim Tozzi
Date registered: December 21, 2011

Latest posts

  1. Fall 2016 Projects (ACUS Update) — October 19, 2016
  2. How Should “Administrative Law” Be Taught Today? The Federalist Society Podcast — October 14, 2016
  3. A New President Needs a New Red Tape Agenda — October 7, 2016
  4. Sen. Warner requests update on Data Act financial transparency tools — September 20, 2016
  5. Mitch Daniels: Washington’s Wake-Up Call — September 14, 2016

Most commented posts

  1. Behavioral economics: come semplificare la vita agli italiani — 1 comment
  2. White House aide calls for stricter broker rules on 401(k)s — 1 comment
  3. ITIF Report Details 50 Policies to Improve U.S. Manufacturing Competitiveness — 1 comment
  4. Fiduciary rule to OMB? — 1 comment
  5. Cyber Legislation Will Cost Businesses and Hurt Economy — 1 comment

Author's posts listings


Fall 2016 Projects (ACUS Update)

From: Notice & Comment |A Blog from the Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice

by Emily Bremer

This fall, the Administrative Conference’s committees are working on a full slate of projects targeted for completion at the 66th Plenary Session, which will be held in December 2016.  These projects include: (1) The Ombudsman in Federal Agencies; (2) Informal Agency Adjudication; (3) Public-Private Partnerships; (4) Self-Represented Parties in Administrative Hearings; and (5) Social Security Administration Federal Courts Analysis.  A description and summary of all information available about each of these projects is provided below.


How Should “Administrative Law” Be Taught Today? The Federalist Society Podcast

Editor’s Note: See, CRE’s letter to the ABA here and see the meeting Agenda of the ABA’s Section of Legal Education and Admissions to the Bar which includes CRE’s recommendation.  

From: The Federalist Society

Administrative Law & Regulation Practice Group Podcast

Featuring Adam J. White, Jim Tozzi, Daniel Farber,Kristin Hickman

October 13, 2016

Listen to Podcast here

The growing role of the administrative agencies in American government is mirrored by a growing role of administrative law in legal education. The trend is exemplified by many law schools’ introduction of “Legislation and Regulation” (or “Leg-Reg”) as a first-year course.


A New President Needs a New Red Tape Agenda

From: Inside Sources


Federal regulators issue thousands of rules and regulations every year. Decrees range from the Environmental Protection Agency’s gargantuan Clean Power Plan and “Waters of the United States” directives, down to regulations on breath mint serving sizes and multivitamins with selenium being treated as toxic waste.


The Reagan order required that the benefits of new major regulations outweigh the costs. The order also formalized White House Office of Management and Budget “audit” responsibilities. Today, that basic process still exists, but subsequent executive orders “reaffirm(ed) the primacy of Federal agencies in the regulatory decision-making process” — in other words, weakening central White House review. A new president could restore that authority and boost OMB’s oversight resources.


Sen. Warner requests update on Data Act financial transparency tools

From: Augusta Free Press

U.S. Sen. Mark R. Warner (D-VA) followed up on his request to more than three-dozen federal agencies to provide Digital Accountability and Transparency (DATA) Act implementation plans, and requested updated plans from the agencies.

The DATA Act is the 2014 bipartisan federal financial management and transparency legislation authored by Warner and signed into law, which has been described as the most significant open-government initiative since the Freedom of Information Act of 1966 and is the nation’s first open data law.

Read Complete Article


Mitch Daniels: Washington’s Wake-Up Call

From: Committee for a Responsible Federal Budget

Mitch Daniels is the president of Purdue University, a former governor of Indiana, a former director of the Office of Management and Budget, and a co-chair of the Committee for a Responsible Federal Budget. He recently wrote an op-ed featured in the Wall Street Journal.


When today’s young Americans learn the extent of the debt burden we have left them, they will legitimately question the premises of self-government. When tomorrow’s older Americans finally understand how they have been misled about the nature and the reliability of our fundamental social welfare programs, it may be the last straw breaking the public confidence on which democracy itself depends.


Obama Announces Nominee for Chairman at ACUS

From: Administrative Conference of the United States

Submitted by Abigail Price

WASHINGTON, September 12, 2016 – President Barack Obama announced the nomination of Matthew L. Wiener as Chairman at the Administrative Conference of the United States.  Wiener has been serving as the executive director at the agency since 2012.  As Chairman, he will be responsible for leading the Conference, whose mission is to promote improvements in the efficiency, adequacy, and fairness of the procedures by which federal agencies conduct regulatory programs, administer grants and benefits, and perform related governmental functions.


Global Summit on Regulatory Science Will Focus on Nanotechnology Standards and Applications

From: National Law Review

The 2016 Global Summit on Regulatory Science (GSRS) will be held September 7-9, 2016, in Bethesda, Maryland. Each GSRS meeting focuses on an area of regulatory science that would benefit from discussions aimed at identifying future research directions, and this GSRS meeting will focus on nanotechnology standards and applications, building on an October 11, 2015, GSRS workshop.  The 2015 workshop focused on physico-chemical measurements and standards relevant to nanomaterials in the “pristine state” and in complex matrices. This meeting will expand on that focus to include both physico-chemical and biological measurements and standards for specific applications, namely nanomaterial-containing drugs, medical devices, food and food contact materials, and personal care products.  The goals of the meeting are to:


Bipartisan Agreement on More Regulatory Policy and Economics in Law School Curriculum? (AdLaw Bridge Series)

From: Notice & Comment | A Blog from the Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice

by Chris Walker


Coincidentally, RegBlog is currently running a fabulous series on innovations in teaching regulatory law. Definitely go check out the series here.

Although I am unsure what this enhanced curriculum would look like, I definitely agree with Farber and Tozzi that there’s a need for reform and that a study by the AALS might well advance the ball. It’s also refreshing to see regulatory scholars and practitioners on the left and right agree on something.


Beyond Administrative Law

From: LegalPlanet | BerkeleyLaw UCLA Law

Law students need to know about more than administrative procedure and judicial review.

Since the days of Felix Frankfurter, the Administrative Law course has been a staple of American law schools.  It’s a great course, but it’s limited.  The same is true of most of the courses on legislation and regulation in the first year, which also focus on how courts interpret statutes and how they review administrative actions.  But a student could emerge from these courses with an A+, yet without understanding the reasons for regulations to exist or how to argue before an administrative agency.  They also wouldn’t learn much about the compliance process, which may well be the stage where lawyers are most active. They may learn about the existence of OIRA (the White House office that reviews agency actions), but not about how cost-benefit analysis really works.  Yet as regulatory lawyers, that’s something they really need to understand.


An Open Letter to the Association of American Law Schools re: Curricula

Editor’s Note: CRE’s complete letter to AALS is available here. Below is an excerpt. Here is CRE’s letter to the ABA Accreditation Committee


I was pleased to learn that AALS is becoming involved in the review and, hopefully, the updating of law school curricula as described in Penn RegBlog’s Innovations in Regulatory Law series, see http://www.regblog.org/2016/08/15/innovations-in-teaching-regulatory-law/

CRE has always been of the opinion that law schools do a splendid job in teaching attorneys how to win in court but precious little in teaching them how to win before an agency. It is for this reason that we have developed the OIRA Teaching Module, http://www.thecre.com/oira_forum/?p=5363.

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