Sign in

Emily Bremer

@emilysbremer.bsky.social
4.8K followers 503 following 94 posts

Notre Dame Law School professor. Administrative law geek. Should be writing. Papers here: ssrn.com/author=926820

PostsRepliesMedia
Emily Bremer @emilysbremer.bsky.social · 17/07/2026
Need some good beach reading? Looking for a way to pass the afternoon stuck inside, hiding from wildfire smoke? Either way, I've got you covered! www.yalejreg.com/nc/comparati...
yalejreg.com
Comparative Administrative Law New Scholarship Corner (May 2026) - Yale Journal on Regulation
If you’re looking for some light beach reading, I’ve got great news: back issues of the Comparative Administrative Law New Scholarship Corner are coming your way! In this post, I’m delighted to wish a...
051
Reposted by Emily Bremer
Dan Walters @profdanwalters.bsky.social · 16/06/2026
For the Federal Register nerds out there (you know who you are), I want to flag a great new resource that Andrew Leahey has put together to track developments in the register. He has a monthly report on Notice & Comment that provides helpful snapshots of activity: www.yalejreg.com/nc/recent-ru...
yalejreg.com
Recent Rulemakings Reviewed: May 2026 - Yale Journal on Regulation
Recent Rulemakings Reviewed is a monthly quantitative snapshot of federal regulatory activity, drawn from FRTracker—a platform that ingests Federal Register documents and decomposes binding rules into...
13219
Reposted by Emily Bremer
Richard M Re @richardre.bsky.social · 11/06/2026
New paper: Unprincipled Adjudication papers.ssrn.com/sol3/papers....
papers.ssrn.com
Unprincipled Adjudication
What is unprincipled adjudication and when, if ever, is it justified? In addressing those questions, this essay attempts to complete a project begun with Profes
043
Reposted by Emily Bremer
alex roberts @lexlanham.bsky.social · 10/06/2026
attended CLICWIPs last year & loved it & can't wait to do it again? or missed it & suffered severe fomo? we're doing it again! bring your works in progress in IP, tech, &/or privacy law to @nusl sept. 18-19 for workshopping & discussion. link to submit abstracts coming v. soon!
044
Reposted by Emily Bremer
Dan Deacon @dtdeacon.bsky.social · 27/05/2026
My final report to the Administrative Conference of the United States on drafting regulatory preambles in light of recent developments in judicial review of agency action is now available papers.ssrn.com/sol3/papers....
papers.ssrn.com
Drafting Regulatory Preambles (Report to the Administrative Conference of the United States)
This is a report to the Administrative Conference of the United States on best practices for drafting regulatory preambles in light of recent developments in ju
1208
Emily Bremer @emilysbremer.bsky.social · 30/04/2026
Looking for some light weekend reading? Check out the April 2026 edition of the Comparative Administrative Law New Scholarship Corner: www.yalejreg.com/nc/comparati...
yalejreg.com
Comparative Administrative Law New Scholarship Corner (April 2026) - Yale Journal on Regulation
Here is the list of works included in the April 2026 Comparative Administrative Law Scholarship Corner, which is curated by Eduardo Jordão (FGV Law School, Rio de Janeiro), with the assistance of Edua...
011
Emily Bremer @emilysbremer.bsky.social · 10/04/2026
Really looking forward to this discussion. Join us!
051
Emily Bremer @emilysbremer.bsky.social · 10/04/2026
As you wait for the decisions in Slaughter and Cook to drop, check out my essay with Bill Eskridge, The Unitary Executive and the Due Process State, now final in the Notre Dame L. Rev. Reflection: papers.ssrn.com/sol3/papers....
papers.ssrn.com
The Unitary Executive and the Due Process State
In <i>Trump v. Slaughter</i>, the Supreme Court will consider whether to overrule <i>Humphrey's Executor v. United States</i>, 295 U.S. 602 (1935), a landmark c
010
Reposted by Emily Bremer
Jed H. Shugerman @jedshug.bsky.social · 10/04/2026
1/ I'm looking forward to my debate today with @jadler1969.bsky.social at @uvalaw.bsky.social Federalist Society's Rupe Debate on the Supreme Court’s emergency docket, moderated by the Hon. Chad Readler. I'll post my handouts below so you can follow. Youtube link: www.youtube.com/watch?v=KtNd...
2123
Reposted by Emily Bremer
Lindsay Nash @lindsaycnash.bsky.social · 01/04/2026
Excited that my new article, Resurrecting Immigration Releases, is out now in the Yale Law Journal! A huge thanks to the YLJ editors, who improved the piece in many ways, and to the folks who generously shared their thoughts and expertise along the way.
172
Emily Bremer @emilysbremer.bsky.social · 30/03/2026
Check out the March 2026 Comparative Administrative Law New Scholarship Corner: www.yalejreg.com/nc/comparati...
yalejreg.com
Comparative Administrative Law New Scholarship Corner (March 2026) - Yale Journal on Regulation
Here is the list of works included in the March 2026 Comparative Administrative Law Scholarship Corner, which is curated by Eduardo Jordão (FGV Law School, Rio de Janeiro), with the assistance of Edua...
011
Emily Bremer @emilysbremer.bsky.social · 20/02/2026
I'm delighted to share that this article will be published in the @yalelawjournal.bsky.social. As promised, I've posted the draft @ssrn.bsky.social: papers.ssrn.com/sol3/papers....
papers.ssrn.com
1287
Reposted by Emily Bremer
Alexandra Lahav @alahav.bsky.social · 16/02/2026
This new paper on the general law and statutory interpretation looks so interesting, looking forward to reading it! @aaronbruhl.bsky.social papers.ssrn.com/sol3/papers....
papers.ssrn.com
1112
Emily Bremer @emilysbremer.bsky.social · 13/02/2026
I'm still playing a teeny bit of catch-up, so here's the list of new work that was included in the January 2026 Comparative Administrative Law New Scholarship Corner: www.yalejreg.com/nc/comparati...
yalejreg.com
Comparative Administrative Law New Scholarship Corner (January 2026) - Yale Journal on Regulation
Here is the list of works included in the January 2026 Comparative Administrative Law Scholarship Corner, which is curated by Eduardo Jordão (FGV Law School, Rio de Janeiro), with the assistance of Ed...
011
Emily Bremer @emilysbremer.bsky.social · 27/01/2026
Coming soon to SSRN, Vacatur Within the Appellate Model of Judicial Review, an article that started as a small intervention into the vacatur debate but grew into the judicial review installment of my multi-year project on the Administrative Procedure Act.
Screenshot of an article abstract:

VACATUR WITHIN 
THE APPELLATE MODEL OF JUDICIAL REVIEW

Emily S. Bremer

Draft of Jan. 27, 2026

This Article situates vacatur within a holistic account of the appellate model of judicial review that Congress codified in the Administrative Procedure Act (APA). Revisionist objections to judicial vacatur of agency rules neglect this broader structure and impose upon the APA a modern idea of remedies that crystallized decades after the statute’s 1946 enactment. Understood on its own terms, the APA uses pre-APA principles governing appellate jurisdiction to provide a constitutionally calibrated remedy for unlawful agency action. This Article uncovers those principles, and it argues that vacatur is not an equitable remedy but an appellate determination. It is statutorily authorized when an agency action is properly before a court on judicial review and is found to be unlawful under the applicable standard of review. But the approach has implications beyond vacatur, offering a revelatory blueprint for the APA’s judicial review section. This blueprint can help to address some of the most intractable problems in the judicial review of agency action, including the timing of judicial review of rules, the relationship between APA review and other remedies, and the role of the scope of review in keeping courts within Article III’s boundaries.
1257
Emily Bremer @emilysbremer.bsky.social · 25/01/2026
The bad news is that I am egregiously late in posting the December 2025 Comparative Administrative Law New Scholarship Corner. The good news is that if you are stuck at home in the snow, you have a pile of terrific #adlaw scholarship to keep you warm! www.yalejreg.com/nc/comparati...
yalejreg.com
Comparative Administrative Law New Scholarship Corner (December 2025) - Yale Journal on Regulation
In the end-of-semester and holiday rush, I neglected to post the December 2025 Comparative Administrative Law New Scholarship Corner. So here it is! As always, this list was curated (in a timely fashi...
001
Reposted by Emily Bremer
Kristin E. Hickman @khickmanjd.bsky.social · 23/01/2026
Attn junior admin law scholars--submit your abstracts by 2/27 for the annual new scholarship roundtable--a fantastic venue for getting feedback & making connections in the field--this year at Vanderbilt Law. Details at the link: www.yalejreg.com/nc/call-for-...
yalejreg.com
Call for Papers: Eleventh Annual Administrative Law New Scholarship Roundtable - Yale Journal on Regulation
Vanderbilt Law School is very pleased to host the Eleventh Annual Administrative Law New Scholarship Roundtable on June 2-3, 2026. For the past ten years, the Roundtable has offered administrative law...
01617
Emily Bremer @emilysbremer.bsky.social · 23/01/2026
Submit an abstract by February 27 for the Eleventh Annual Administrative Law New Scholarship Roundtable! @vanderbilt.edu Law is hosting. Imho, it's one of the best events of the year. Details here: www.yalejreg.com/nc/call-for-...
yalejreg.com
Call for Papers: Eleventh Annual Administrative Law New Scholarship Roundtable - Yale Journal on Regulation
Vanderbilt Law School is very pleased to host the Eleventh Annual Administrative Law New Scholarship Roundtable on June 2-3, 2026. For the past ten years, the Roundtable has offered administrative law...
000
Emily Bremer @emilysbremer.bsky.social · 21/01/2026
Really pleased with how my #adlaw art wall is coming together. Clockwise from the far left: Florida East Coast Railway->Universal Camera->State Farm->Overton Park->Chevron->Columbia Broadcasting System
350
Emily Bremer @emilysbremer.bsky.social · 08/01/2026
If you're interested in a comparative perspective on central bank independence, check out this Jan. 20th webinar, scheduled for the day before SCOTUS hears argument in Trump v. Cook: www.yalejreg.com/nc/webinar-i...
yalejreg.com
Webinar Invitation: Central Bank Independence in Global Perspective, January 20th @ 2PM EST - Yale Journal on Regulation
From Oren Tamir: On behalf of the administrators of the Comparative Admin Law Listserv, I am excited to invite you to another Webinar we’ve put together (in collaboration with the University of Arizon...
0105
Emily Bremer @emilysbremer.bsky.social · 02/12/2025
New to @ssrn.bsky.social: Bill Eskridge and I have posted The Unitary Executive and the Due Process State (Notre Dame L. Rev. Reflection, forthcoming). This essay explores what's at stake for administrative justice as the Supreme Court reconsiders Humphrey's Executor. Link below⬇️
Screenshot of SSRN listing for The Unitary Executive and the Due Process State. Abstract: In Trump v. Slaughter, the Supreme Court will consider whether to overrule Humphrey's Executor v. United States, 295 U.S. 602 (1935), a landmark case that affirmed Congress's authority to limit the President's ability to fire members of the Federal Trade Commission (FTC). Proponents argue that this is necessary to ensure unitary executive control over the significant policymaking functions of the FTC and other historically independent administrative agencies. But the legal principles reflected in Humphrey's Executor are also the foundation upon which Congress has constructed what we call the "due process state," i.e., the many impartial officers and institutions that the President requires to discharge his Article II duty to ensure the faithful execution of adjudicatory statutes. This essay argues that the unitary executive and the due process state can-and indeed must-coexist.
23412
Emily Bremer @emilysbremer.bsky.social · 19/11/2025
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! 🧵
121
Reposted by Emily Bremer
Bridget Dooling @bridgetdooling.bsky.social · 11/11/2025
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:
13222
Emily Bremer @emilysbremer.bsky.social · 07/11/2025
Friday after dark and there are lots of leaf blowers running in the neighborhood.
Forecast showing 62 degrees today and 6 inches of snow this weekend.
110
Emily Bremer @emilysbremer.bsky.social · 31/10/2025
Looking for some good weekend reading? Check out the October 2025 edition of the Comparative Administrative Law Scholarship Corner! www.yalejreg.com/nc/comparati...
yalejreg.com
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...
010
Reposted by Emily Bremer
Katherine Mims Crocker @crockeroncourts.bsky.social · 22/10/2025
📢 @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!
054
Reposted by Emily Bremer
Lawrence Solum @lsolum.bsky.social · 09/10/2025
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.
legaltheoryblog.com
Legal Theory Blog
Discover our latest articles and updates. Stay informed with recent posts that cover a variety of topics you care about!
29698
Reposted by Emily Bremer
Mark Elliott @profmarkelliott.bsky.social · 16/09/2025
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
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…
63815
Emily Bremer @emilysbremer.bsky.social · 11/09/2025
Teaching hearing rights in administrative law like:
Anakin Padme 4 panel meme
041
Emily Bremer @emilysbremer.bsky.social · 21/08/2025
Check out the list of works included in the August 2025 edition of the Comparative Administrative Law Scholarship Corner: www.yalejreg.com/nc/comparati...
yalejreg.com
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...
020
Reposted by Emily Bremer
Richard M Re @richardre.bsky.social · 23/07/2025
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....
papers.ssrn.com
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
125015
Emily Bremer @emilysbremer.bsky.social · 23/07/2025
If you're interested in comparative administrative law, sign up for the Comparative Administrative Law Listserv! You can do that here: t.co/ThhpLgCwGs 🧵
t.co
https://mailman.yale.edu/mailman/listinfo/comp-admin-law
151
Reposted by Emily Bremer
Anne Joseph O’Connell @ajosephoconnell.bsky.social · 23/07/2025
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.
12673174
Reposted by Emily Bremer
Nick Bednar @nicholasbednar.bsky.social · 17/07/2025
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...
lawfaremedia.org
Reductions in Force Challenges in the Federal Courts
The Supreme Court’s recent orders clear the way for the Trump administration to continue RIFs.
395
Emily Bremer @emilysbremer.bsky.social · 17/07/2025
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.”
030
Emily Bremer @emilysbremer.bsky.social · 04/07/2025
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.”
040
Emily Bremer @emilysbremer.bsky.social · 26/06/2025
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:
061
Emily Bremer @emilysbremer.bsky.social · 10/06/2025
I’ve decided to decorate my home office with art related to major administrative law cases. First piece arrived today:
Art poster for Florida east coast railway
91276
Reposted by Emily Bremer
Adam Zimmerman @profadamszimmerman.bsky.social · 17/05/2025
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...
blog.dividedargument.com
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.
11612
Reposted by Emily Bremer
Fred Jacob @fredbjacob.bsky.social · 21/05/2025
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
2203
Reposted by Emily Bremer
Bridget Dooling @bridgetdooling.bsky.social · 08/05/2025
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.
110614
Reposted by Emily Bremer
Mara Revkin @mararevkin.bsky.social · 24/04/2025
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
gwlr.org
163
Reposted by Emily Bremer
Danielle Kurtzleben @titonka.bsky.social · 24/04/2025
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.
972364
Reposted by Emily Bremer
Nick Bednar @nicholasbednar.bsky.social · 16/04/2025
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.
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.
24411
Emily Bremer @emilysbremer.bsky.social · 10/04/2025
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...
law.stanford.edu
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
060
Reposted by Emily Bremer
Women Also Know Law @womenknowlaw.bsky.social · 21/03/2025
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:
buff.ly
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…
184
Reposted by Emily Bremer
Dan Epps @epps.bsky.social · 07/03/2025
So… @williambaude.bsky.social and I are extending the @dividedargument.bsky.social brand to a new medium: a blog/substack with a bigger stable of contributors. My first post, with reactions to the Smith & Wesson oral argument, is up! blog.dividedargument.com/p/reactions-...
blog.dividedargument.com
Reactions to the Smith & Wesson Oral Argument
Earlier this week, the Supreme Court heard oral argument in Smith & Wesson v.
5252
Reposted by Emily Bremer
Sam Bagenstos @sbagen.bsky.social · 07/03/2025
This "immediate cancellation" violates the law. If the Admin thinks Columbia has violated Title VI by being deliberately indifferent to antisemitic harassment, it has to give Columbia a chance for a hearing first, make findings on the record, & wait 30 days. www.nytimes.com/live/2025/03...
nytimes.com
The Trump administration cancels $400 million in grants and contracts to Columbia University.
1142967953
Reposted by Emily Bremer
Jack Lienke @jacklienke.bsky.social · 02/03/2025
Here's the abstract. It's a strange moment in which to describe any administrative-law content as fun, but . . . I think this one is kind of fun? In a disturbing way?
192
Reposted by Emily Bremer
Emily Bremer @emilysbremer.bsky.social · 20/11/2024
Beginning to think that the real ground zero of our current political moment was The Real World: New York.
061