Process

Major Questions and Juristocracy

Major Questions and Juristocracy

In rejecting agency action on the basis of the “major questions doctrine,” judges undermine congressional policies.

Vaccine Mandates and Roads Not Taken

Vaccine Mandates and Roads Not Taken

Another regulatory approach to mandate vaccines could have withstood judicial scrutiny.

Threatening Chevron Deference Threatens Government as a Whole

Threatening Chevron Deference Threatens Government as a Whole

Scholar argues that overruling deference to agencies will constrain U.S. government action.

Medicare and Chevron in the Supreme Court’s New Term

Medicare and Chevron in the Supreme Court’s New Term

With two Medicare cases, the U.S. Supreme Court may change an important rule on deference to agency decisions.

Empathy in an Automated State

Empathy in an Automated State

Increased use of artificial intelligence in public administration calls for efforts to give government a human touch.

“Rollback Whiplash” and a Two-Year Presidency

“Rollback Whiplash” and a Two-Year Presidency

Scholars argue that rollback tools mean Presidents must act fast to implement lasting policy.

Mass Comments’ Opportunity Costs

Mass Comments’ Opportunity Costs

What is lost when those with something to say join the mass comments bandwagon?

Democracy, Rulemaking, and Outpourings of Comments

Democracy, Rulemaking, and Outpourings of Comments

Scholars and policymakers should recognize the democratic benefits of public comments.

Managing Mass Comment “Supply” by Reducing “Demand”

Managing Mass Comment “Supply” by Reducing “Demand”

Alternative agency outreach methods can garner useful feedback and reduce pressure on the notice and comment process.

Mass Comments Should Be Discouraged

Mass Comments Should Be Discouraged

ACUS should discourage the submission of mass comments in the notice and comment rulemaking process.

Preventing Mass Comment Wars

Preventing Mass Comment Wars

Agencies can welcome public participation while discouraging the submission of mass comments.

Mass Comments and the Revival of Apolitical Expertise

Mass Comments and the Revival of Apolitical Expertise

Mass comments policy should consider agencies’ roles as apolitical policymakers.