Process

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.

Improving Economic Analysis by Reorganizing Agencies’ Economists

Improving Economic Analysis by Reorganizing Agencies’ Economists

An ACUS recommendation could help agencies better organize their economics staffs.

Identifying Agency Leaders

Identifying Agency Leaders

The federal government can and should do a better job of making basic information about high-level officials easily available.

Acting Officials and Delegated Authority

Acting Officials and Delegated Authority

Agencies should promote transparency about vacant and acting positions by making information publicly available.

Seeking to Improve Administrative Transparency and Expertise

Seeking to Improve Administrative Transparency and Expertise

Federal agency issues recommendations to improve transparency and help better inform administrative government.

Politics, Prosecutors, and Procedural Fairness

Politics, Prosecutors, and Procedural Fairness

President Trump contravenes fundamental fairness by exerting political pressure over prosecutors.

What Makes an Emergency?

What Makes an Emergency?

Curbing executive overreach requires a clear definition of “emergency” and limits on powers used to respond to crises.