Process

303 Creative’s Dangerous Deregulatory Potential

303 Creative’s Dangerous Deregulatory Potential

The U.S. Supreme Court’s refusal to consider governmental interests could lead to a sweeping rollback of regulations.

AI as “Arbitrary” Intelligence

AI as “Arbitrary” Intelligence

Federal Agencies’ growing use of AI raises questions about how judges can adequately review those agencies’ decisions.

Doctrinal Divergence at the Supreme Court

Doctrinal Divergence at the Supreme Court

Scholar assesses the Supreme Court’s differential treatment of administrative law and securities law.

Improving Agency Adjudication Offices

Improving Agency Adjudication Offices

ACUS recommends steps to promote fairness and consistency within the adjudication offices of federal agencies.

Obtaining Government Records

Obtaining Government Records

ACUS recommends best practices for improving private citizens’ access to government records.

Strengthening Partnerships in Federal Administration

Strengthening Partnerships in Federal Administration

ACUS recommends strategies for more effective collaboration between levels of government.

Advancing Best Practices in Federal Administration

Advancing Best Practices in Federal Administration

ACUS recommends best practices for adjudication offices, government records, temporary rules, and intergovernmental collaboration.

The Regulatory State in Prosecutorial Dress

The Regulatory State in Prosecutorial Dress

The Justice Department’s new corporate enforcement policy turns prosecutorial leniency into business regulation.

Slaughtering Reasoned Decision-Making

Slaughtering Reasoned Decision-Making

New poultry and swine processing rules misapply a recent Supreme Court decision and ignore worker safety.

A Nationwide Ban on Noncompete Clauses

A Nationwide Ban on Noncompete Clauses

Scholars discuss the economic impacts and legality of the FTC’s now-defunct ban on noncompetes.

When Should Policymakers Consider Voluntary Regulation?

When Should Policymakers Consider Voluntary Regulation?

Scholar urges policymakers to adopt voluntary programs when mandatory regulation falls short.

When Law Speaks Loudest

When Law Speaks Loudest

Circumventing notice and comment during rulemaking can weaken the evidentiary basis for regulation.