SEC Adjudication of Securities Fraud Held Unconstitutional
The Court rules that the Seventh Amendment applies to some SEC enforcement actions, but questions remain.
What Is Left of Agency Adjudication After Jarkesy?
A Supreme Court decision seemingly limited to securities fraud could imperil regulatory adjudication broadly.
Does the Constitution Require Agencies to Use Biased Judges?
The Supreme Court should uphold longstanding legislation protecting the neutrality of administrative law judges.
Who Favors Making ALJs At-Will Employees?
An upcoming Supreme Court case highlights why businesses and individuals favor for-cause protection for administrative law judges.
Constitutional Challenges to Agency Adjudication
The Supreme Court grants district-court jurisdiction in an opinion hampering agencies’ adjudicatory authority.
The Supreme Court’s 2022-2023 Regulatory Term
Legal scholars discuss the Court’s most significant regulatory decisions of the last term.
Protecting Adjudicators From Political Threats
Scholars argue that federal administrative law judges need more insulation from political pressures.
Expanding Presidential Influence on Agency Adjudication
The Supreme Court’s decision in U.S. v. Arthrex expands the avenues for politicizing agency adjudication.
Publication of Policies Governing Agency Adjudicators
To enhance transparency, agencies should publish information about adjudicators on their websites.
The Future of Administrative Law Judge Selection
ACUS sets out new recommendations for agency hiring of ALJs.
Prioritizing Accessibility and Clarity in Agency Actions
Scholars analyze ACUS recommendations addressing public access to guidance, ALJ hiring procedures, and interpretive rules.
Has the Supreme Court Endorsed the Use of Junk Science in the Administrative State?
A recent Supreme Court decision could allow courts to rely on dubious science.