Process

Regulatory Comments and the Major Questions Doctrine

Regulatory Comments and the Major Questions Doctrine

Courts should not rely on the number of public comments to assess the legality of regulations.

Virtual Hearings in Agency Adjudication

Virtual Hearings in Agency Adjudication

ACUS assesses the changing landscape of how agencies use new technologies to hold hearings.

Increasing Early, Transparent Consideration of Regulatory Alternatives

Increasing Early, Transparent Consideration of Regulatory Alternatives

Agencies can do more to disclose input on regulatory alternatives during notice-and-comment processes.

Pursuing Periodic Review of Agency Regulation

Pursuing Periodic Review of Agency Regulation

Periodic reviews of regulations can promote learning and improve policy.

Improving the Management of Public Comments in a Digital Age

Improving the Management of Public Comments in a Digital Age

ACUS recommends best practices for how agencies manage mass, computer-generated, and falsely attributed public comments.

Improving Participation, Impact, and Fairness in the Administrative State

Improving Participation, Impact, and Fairness in the Administrative State

ACUS issues new recommendations to enhance administrative governance.

Putting Brains on the Witness Stand

Putting Brains on the Witness Stand

Neuroscientific evidence in the courtroom may test judges and standards of admissibility.

A Fili-Busted Balance of Power

A Fili-Busted Balance of Power

The filibuster has caused Congress to give up its constitutional power to oversee the administrative state.

The Road to Clean Air Is a Toll Road

The Road to Clean Air Is a Toll Road

Scholar argues that legal barriers should not prevent cities from using congestion pricing to curb traffic.

An Early History of Rulemaking Power

An Early History of Rulemaking Power

Scholar investigates an early exercise of federal administrative power that mirrors modern agency rulemaking.

States Regain Regulatory Power Over Predatory Loan Servicers

States Regain Regulatory Power Over Predatory Loan Servicers

The Education Department’s new interpretation of federal law empowers states to protect student loan borrowers.

Only Federal Regulation Can Ensure Fair Elections

Only Federal Regulation Can Ensure Fair Elections

Congress should use its constitutionally granted authority to regulate elections and protect democracy.