Process

Applying Judge-Made Law to Insider Trading

Scholar argues that judges, rather than the legislature, should continue to regulate insider trading.

Examining the Past and Future of Copyright Regulation

Scholar discusses how the Copyright Office could exercise broader rulemaking power.

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

ACUS sets out new recommendations for agency hiring of ALJs.

Making Guidance Available to the Public

ACUS recommends agencies take steps to make their guidance more accessible.

Prioritizing Accessibility and Clarity in Agency Actions

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

Empirical Evidence in the Administration of Family Law

Scholar proposes framework for the use of empirical evidence in child welfare policies.

How to Improve Allocations of Regulatory Authority

A recent dispute illustrates how policymakers often miss crucial insights about structuring government.

Would a National Popular Vote Make Every Vote Count?

Proposed legislation could change state regulations that allocate presidential electoral votes.

Could DHS Rescind DACA Based On Litigation Risk?

Agency predictions of court behavior are not always a tenable justification for rescission.

The Semi-Autonomous Administrative State

Administrative law should move past its dichotomous debate over agency independence.

Kavanaugh’s First-Year Report Card

In his initial year on the Supreme Court, Justice Kavanaugh’s performance on the bench appears balanced and deliberate.