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Black Americans get audited more, even among individuals claiming the EITC. It's because the IRS chooses who to audit based on who it suspects of overclaiming tax credits like the EITC or CTC, instead of who it suspects underpaid the most.

Out in the Harvard Journal of Legislation: Two Takes on Administrative Change from the Roberts Court (with Dan Deacon). We discuss how SCOTUS was skeptical of agency change in overruling Chevron, but pro agency change on presidential removal issues. journals.law.harvard.edu/jol/2024/09/24…

Over at Yale Journal on Regulation Notice and Comment blog, today's Ad Law Reading Room entry is "Resurrecting the Trinity of Legislative Constitutionalism," by Beau J. Baumann 🍎. Check it out! yalejreg.com/nc/ad-law-read…

Over at Yale Journal on Regulation Notice and Comment blog, today's Ad Law Reading Room entry is “The Beleaguered Sovereign: Judicial Restraints on Public Enforcement,” by @Luke_P_Norris and Helen Hershkoff. Check it out! yalejreg.com/nc/ad-law-read…

Of potential interest to the Michigan Law School community! Tuesday, noon, HH 132.

New Chevron video for this year (sound on)

Looking for help locating two things for my final Legislation and Regulation class of the semester: (1) a blog post or something I could easily edit down on possibilities for a post-Loper Bright future, and (2) a short explainer on the Schedule F stuff. Thanks!

We're back! Over at Yale Journal on Regulation Notice and Comment blog, today's Ad Law Reading Room Entry is "The Great Unsettling," by Cary Coglianese and @DanielEWalters_. Check it out! yalejreg.com/nc/ad-law-read…

Coming out of Twitter hibernation to post a new paper on the Supreme Court's use of agency practice to settle statutory meaning. Comments welcome! papers.ssrn.com/sol3/papers.cf…

My Michigan Law School colleague Dan Deacon has an important new paper (ALR) on how #SCOTUS uses agency practice in statutory interpretation. All the more important after Loper Bright: papers.ssrn.com/sol3/papers.cf…

Thanks to Lawrence Solum for the "Download it while it's hot!" recommendation for "Statutory Liquidation." Do as the man says! lsolum.typepad.com/legaltheory/20…

Quick thread. There's a fascinating -- and very rare! -- discussion of the APA's rule of prejudicial error in the Supreme Court's decision this morning in the vaping case. The Court flags articles from my colleague Chris Walker and from me to try to make sense of it! /1

Legalistic Noncompliance by Daniel Deacon, Leah Litman papers.ssrn.com/sol3/papers.cf…

The Trump administration uses the language of the law as cover to claim that it is complying with court orders when in fact it is not, Leah Litman and Dan Deacon write. “We call this ‘legalistic noncompliance.'” theatlantic.com/ideas/archive/…