Rejecting Two-Faced Explanations by Agencies
Scholar argues that recent Supreme Court decisions create a new vision of agency accountability to the public.
The APA’s Antidiscrimination Failure
Scholars explain how courts have interpreted the Administrative Procedure Act to overlook racial discrimination.
A Local Lens on Administrative Law
Scholar brings the focus of administrative law to the level of municipal government.
Regulatory Comments and the Major Questions Doctrine
Courts should not rely on the number of public comments to assess the legality of regulations.
Increasing Early, Transparent Consideration of Regulatory Alternatives
Agencies can do more to disclose input on regulatory alternatives during notice-and-comment processes.
Improving Participation, Impact, and Fairness in the Administrative State
ACUS issues new recommendations to enhance administrative governance.
Assessing Stigler’s Economic Theory of Regulation
Despite its flaws and limitations, Stigler’s seminal article on the theory of economic regulation offers important lessons.
Applying the Takings Clause to Regulatory Access
The Court’s unprecedented decision applying the Takings Clause to regulatory access will have limited impact.
The Appointment and Removal Litigation Ecosystem
Collins v. Yellen further clarifies the scope of “for cause” removal of agency heads.
Expanding Presidential Influence on Agency Adjudication
The Supreme Court’s decision in U.S. v. Arthrex expands the avenues for politicizing agency adjudication.
Heavy on the “Mayo,” But No Hot Sauce
CIC Services avoided anti-administrative rhetoric while securing the check of judicial review on the IRS.