Administrative Law Judge

Does the Constitution Require Agencies to Use Biased Judges?

Does the Constitution Require Agencies to Use Biased Judges?

The Supreme Court should uphold longstanding legislation protecting the neutrality of administrative law judges.

Who Favors Making ALJs At-Will Employees?

Who Favors Making ALJs At-Will Employees?

An upcoming Supreme Court case highlights why businesses and individuals favor for-cause protection for administrative law judges.

Constitutional Challenges to Agency Adjudication

Constitutional Challenges to Agency Adjudication

The Supreme Court grants district-court jurisdiction in an opinion hampering agencies’ adjudicatory authority.

The Supreme Court’s 2022-2023 Regulatory Term

The Supreme Court’s 2022-2023 Regulatory Term

Legal scholars discuss the Court’s most significant regulatory decisions of the last term.

Protecting Adjudicators From Political Threats

Protecting Adjudicators From Political Threats

Scholars argue that federal administrative law judges need more insulation from political pressures.

Expanding Presidential Influence on Agency Adjudication

Expanding Presidential Influence on Agency Adjudication

The Supreme Court’s decision in U.S. v. Arthrex expands the avenues for politicizing agency adjudication.

Publication of Policies Governing Agency Adjudicators

Publication of Policies Governing Agency Adjudicators

To enhance transparency, agencies should publish information about adjudicators on their websites.

The Future of Administrative Law Judge Selection

The Future of Administrative Law Judge Selection

ACUS sets out new recommendations for agency hiring of ALJs.

Prioritizing Accessibility and Clarity in Agency Actions

Prioritizing Accessibility and Clarity in Agency Actions

Scholars analyze ACUS recommendations addressing public access to guidance, ALJ hiring procedures, and interpretive rules.

Has the Supreme Court Endorsed the Use of Junk Science in the Administrative State?

Has the Supreme Court Endorsed the Use of Junk Science in the Administrative State?

A recent Supreme Court decision could allow courts to rely on dubious science.