Administrative Procedure Act

A More Sensible Approach to Vesting Jurisdiction for Judicial Review of Agency Decisions

A More Sensible Approach to Vesting Jurisdiction for Judicial Review of Agency Decisions

A clearer framework is needed to address jurisdiction questions in legal actions against agencies.

Two Cheers for Recess Appointments

Two Cheers for Recess Appointments

The Supreme Court lets the president down easy in NLRB v. Noel Canning.

Recommendations for Improving Informal Rulemaking

Recommendations for Improving Informal Rulemaking

ACUS recommends ways to implement an administrative record in informal rulemaking.

Bill Moves Forward to Amend the Regulatory Process

Bill Moves Forward to Amend the Regulatory Process

Debate ensues over the proposed Regulatory Accountability Act.

Can Agencies Legally Use Social Media for Rulemaking?

Can Agencies Legally Use Social Media for Rulemaking?

ACUS draft report analyzes legal obstacles for using social media in rulemaking.

Tax Administration and the “Force of Law”

Tax Administration and the “Force of Law”

Current tax administration reveals agencies’ muddled application of “force of law” determinations.

Federal Appeals Court Says EPA Cannot Make Rules by Correspondence

Federal Appeals Court Says EPA Cannot Make Rules by Correspondence

Court vacates EPA letters to Senator, holding they amounted to new regulations.

GAO Calls on Agencies to Respond to All Comments

GAO Calls on Agencies to Respond to All Comments

Report advocates for a better use of public input.

First Principles for Interpreting Regulation

First Principles for Interpreting Regulation

A new framework promises greater coherence in regulatory interpretation.

Penn Convenes Major Dialogue on Chinese Administrative Law

Penn Convenes Major Dialogue on Chinese Administrative Law

Leading Chinese and American scholars discuss possibilities for legal development.

Is the Rulemaking Process Really a Quagmire?

Is the Rulemaking Process Really a Quagmire?

Scholars laud rulemaking’s efficiency, noting it takes “remarkably little time.”

Regulatory Opinion: Year in Review

Regulatory Opinion: Year in Review

We feature our top opinion posts from 2012.