Administrative Law

A Constitutional Defense of the Administrative State

A Constitutional Defense of the Administrative State

A new theory of administrative separation of powers protects modern government from its challengers.

Administrative Constitutionalism’s Lessons

Administrative Constitutionalism’s Lessons

The administrative state can teach us about the Constitution’s guarantee of liberty and separation of powers.

Constitutional Questions and the Administrative State

Constitutional Questions and the Administrative State

Scholars explore questions about how agencies shape and are shaped by the U.S. Constitution.

Interpretive Rules in Practice

Interpretive Rules in Practice

A new ACUS recommendation on interpretive rules largely aligns with a prior one on policy statements.

The Future of Administrative Law Judge Selection

The Future of Administrative Law Judge Selection

ACUS sets out new recommendations for agency hiring of ALJs.

Prioritizing Accessibility and Clarity in Agency Actions

Prioritizing Accessibility and Clarity in Agency Actions

Scholars analyze ACUS recommendations addressing public access to guidance, ALJ hiring procedures, and interpretive rules.

A Proposal to Help Congress Enact Civil Service Reforms

A Proposal to Help Congress Enact Civil Service Reforms

Congress and the White House should bring scholars together to craft a bipartisan solution to civil service challenges.

Improving Patient Safety for Inpatient Psychiatric Care

Improving Patient Safety for Inpatient Psychiatric Care

Researchers argue that safety efforts have lagged for inpatient psychiatric care.

Using Machine Learning to Improve the U.S. Government

Using Machine Learning to Improve the U.S. Government

Governmental use of artificial intelligence can fit well within existing administrative law constraints.

Administrative Law Essay Competition Winners

Administrative Law Essay Competition Winners

Two essays by student winners of a Penn Law essay competition describe important regulatory developments.

Can Hip Hop Save Rulemaking?

Can Hip Hop Save Rulemaking?

An arts-based framework could re-democratize the rulemaking process.

Judicial Deference to Agencies’ Decisions in Brazil and the United States

Judicial Deference to Agencies’ Decisions in Brazil and the United States

American doctrines of judicial review may provide useful models for Brazilian courts.