Administrative Law Judge

Saving What Is Left of Agency Adjudication

Saving What Is Left of Agency Adjudication

It is much too soon to give up on good-cause removal protections for administrative law judges.

It May Be Time to Give Up on Agency Adjudication

It May Be Time to Give Up on Agency Adjudication

Weakening agency independence could make agency adjudication unconstitutional without judicial review.

The Labor Board Needs Restructuring, Not Destruction

The Labor Board Needs Restructuring, Not Destruction

The National Labor Relations Board would benefit from the creation of a new court.

SEC Adjudication of Securities Fraud Held Unconstitutional

SEC Adjudication of Securities Fraud Held Unconstitutional

The Court rules that the Seventh Amendment applies to some SEC enforcement actions, but questions remain.

What Is Left of Agency Adjudication After Jarkesy?

What Is Left of Agency Adjudication After Jarkesy?

A Supreme Court decision seemingly limited to securities fraud could imperil regulatory adjudication broadly.

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.