Politics, Prosecutors, and Procedural Fairness
President Trump contravenes fundamental fairness by exerting political pressure over prosecutors.
Legitimacy, Not Force, Is Key to Presidential Power
President Donald J. Trump’s response to police violence and peaceful protests undermines governmental legitimacy.
Obligation Alleviation During the COVID-19 Crisis
The most surprising regulatory dimension of the coronavirus crisis may center on the lifting of rules.
Regulation Serves People, and Depends on Them Too
Regulators and regulatory scholars alike need to keep in mind regulation’s essential human element.
Climate Change Necessitates Normative Change
Global warming poses unique threats that require paradigmatic shifts to solve.
Six Degrees of Delegation
The nondelegation doctrine actually makes sense when viewed in dimensional terms.
Private Standards and Public Governance
New book offers crucial insights into how private standards can complement if not substitute for regulation.
Making Guidance Available to the Public
ACUS recommends agencies take steps to make their guidance more accessible.
The Semi-Autonomous Administrative State
Administrative law should move past its dichotomous debate over agency independence.
Using Machine Learning to Improve the U.S. Government
Governmental use of artificial intelligence can fit well within existing administrative law constraints.
Justice Stevens’s Legacy to the Administrative State
The late justice’s opinion in Chevron v. NRDC has greatly shaped judicial reasoning about administrative law.
What Does Risk-Based Regulation Mean?
Risk-based regulation requires regulators to choose which decision-making principles to apply.