Emily Bremer

@emilysbremer.bsky.social

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

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...

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...

yalejreg.com

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!

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....

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

papers.ssrn.com

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.

The Yale Law Journal@yalelawjournal.bsky.social · 4mo ago

In her Article, @lindsaycnash.bsky.social draws on archival research to recover the lost immigration history of pretrial detention and release during deportation’s founding and formative years. Her findings undermine the historical argument for mandatory immigration detention today.

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.

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.

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...

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