Opinion

Does the Constitution Require Agencies to Use Biased Judges?

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?

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.

The Underused Field for Clean Energy

The Underused Field for Clean Energy

Congress and agencies should make better use of land use authorities to meet clean energy goals.

OpenAI Investigation Puts AI Companies on Notice

OpenAI Investigation Puts AI Companies on Notice

The FTC’s investigation of ChatGPT may shed light on how consumer protection law applies to artificial intelligence.

Should Big Tech Pay for the Use of Telecom Networks?

Should Big Tech Pay for the Use of Telecom Networks?

EU regulators are considering whether to require major technology firms to pay to use telecom networks.

Regulatory Discretion Fosters Clean Tech

Regulatory Discretion Fosters Clean Tech

Increased regulatory discretion can improve outcomes for entrepreneurs and enhance the impact of stakeholder activists.

Online Processes in Agency Adjudication

Online Processes in Agency Adjudication

Agencies can improve their adjudicatory processes by broadening access to their electronic case management systems.

Improving Virtual Public Engagement

Improving Virtual Public Engagement

A new series of recommendations from ACUS will help agencies improve their use of virtual engagement in rulemakings.

Artificial Intelligence for Retrospective Regulatory Review

Artificial Intelligence for Retrospective Regulatory Review

Artificial intelligence can help agencies review and improve their existing regulations.

Affirmatively Disclosing Agency Legal Materials

Affirmatively Disclosing Agency Legal Materials

ACUS takes an important step forward toward improving agency disclosure of legal materials.

Modernizing the “Value of a Statistical Life”

Modernizing the “Value of a Statistical Life”

Regulators should adopt alternative approaches to valuing avoided mortality in regulatory analysis.

AI, Due Process, and Trade Secrets

AI, Due Process, and Trade Secrets

A recent court decision about pencils may turn out to help protect rights in an era of artificial intelligence.