Administrative Law

Interpretive Rules in Practice

A new ACUS recommendation on interpretive rules largely aligns with a prior one on policy statements.

The Future of Administrative Law Judge Selection

ACUS sets out new recommendations for agency hiring of ALJs.

Prioritizing Accessibility and Clarity in Agency Actions

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

A Proposal to Help Congress Enact Civil Service Reforms

Congress and the White House should bring scholars together to craft a bipartisan solution to civil service challenges.

Improving Patient Safety for Inpatient Psychiatric Care

Researchers argue that safety efforts have lagged for inpatient psychiatric care.

Using Machine Learning to Improve the U.S. Government

Governmental use of artificial intelligence can fit well within existing administrative law constraints.

Administrative Law Essay Competition Winners

Two essays by student winners of a Penn Law essay competition describe important regulatory developments.

Can Hip Hop Save Rulemaking?

An arts-based framework could re-democratize the rulemaking process.

Judicial Deference to Agencies’ Decisions in Brazil and the United States

American doctrines of judicial review may provide useful models for Brazilian courts.

Cost-Benefit Analysis According to the Trump Administration

Scholar argues that the Trump Administration has discredited cost-benefit analysis.

Justice Stevens’s Legacy to the Administrative State

The late justice’s opinion in Chevron v. NRDC has greatly shaped judicial reasoning about administrative law.

Regulating Safety After Merck v. Albrecht

In Merck v. Albrecht, the issue of federal preemption has crossed over the typical conservative and liberal divide.