Process

Toward a “Unitary Executive” Vision of Article II?

Toward a “Unitary Executive” Vision of Article II?

The Supreme Court relied on misleading arguments and revisionist history to strike down the CFPB’s structure.

Regulation, Delegation, and the Affordable Care Act

Regulation, Delegation, and the Affordable Care Act

Empirical study of the ACA’s implementation provides insight into the delegation of policymaking authority.

Rethinking Benefit-Cost Analysis for COVID-19

Rethinking Benefit-Cost Analysis for COVID-19

The normative foundations of the value of statistical life render it an insufficient tool to analyze pandemic-related policies.

Reason Trumps Pretext

Reason Trumps Pretext

Requiring government institutions to engage in reasoned decision-making mitigates actions made in bad faith.

The Administrative State Is Neglecting Regulatory Benefits

The Administrative State Is Neglecting Regulatory Benefits

Scholar argues for regulatory reforms grounded in an intense focus on net benefits.

Clarifying the Default for Anti-Discrimination Statutes

Clarifying the Default for Anti-Discrimination Statutes

Policy-free textual analysis wins when interpreting causation standards in statutory text for employment actions.

A Failure of Administrative Law in OSHA During the Pandemic

A Failure of Administrative Law in OSHA During the Pandemic

The hyper-deference courts provide to agencies has failed to protect workers from OSHA inaction amid COVID-19.

Revisiting the Constitutionality of Independent Agencies

Revisiting the Constitutionality of Independent Agencies

The Supreme Court has destabilized principles on federal agencies’ structures and for-cause removal.

Ending Legislative Impotence

Ending Legislative Impotence

A recent Supreme Court case suggests Congress needs new processes to legislate effectively and overcome partisanship.

Megaregulation on the Global Stage

Megaregulation on the Global Stage

Scholars argue that the Trans-Pacific Partnership represents a new form of international ordering and regulatory governance.

Managing Adjudicators’ Information Access in the Internet Age

Managing Adjudicators’ Information Access in the Internet Age

ACUS issues new recommendation to help agency adjudicators conduct online independent research.

Recruiting and Hiring Agency Attorneys

Recruiting and Hiring Agency Attorneys

ACUS recommendations seek to improve the processes for hiring government lawyers.